Along with the first information report, which is annexure no.1 to the bail application the gang chart has also been annexed as per which the applicant is about 61 years of age and the only case registered against him is Case Crime No. 518 of 2019, under Sections 147, 148, 149, 302, 323 I.P.C., Police Station Kotwali, District Mau. The applicant has already been enlarged on bail by this Court in the aforesaid criminal case vide order dated 10.2.2020 passed in Criminal Misc. Bail Application No.1834 of 2020. This Court has taken note of the contention advanced on behalf of the applicant that he is about 75 years of age and is not a previous convict. It is alleged on behalf of the applicant that a dispute with regard to certain snatching of mobile phone took place between certain boys including applicant's son. Applicant in the aforesaid criminal case no. 518 of 2019 is not assigned any specific role and is about 75 years of age and without there being any previous criminal history. It is contended that applicant's implication in the offence under Section 3(1) of U.P. Gangester Act is wholly false. It is also contended that the applicant is neither member/ leader of any organised gang nor has indulged in any anti social activity. It is also alleged that except for the aforesaid criminal case no other specific instance of unlawful activity has been attributed to the application. The applicant is also languishing in jail since 26.10.2019.
