Hon'ble Mrs. Sunita Agarwal considered a bail application under the U.P. Gangster and Anti Social Activities Prevention Act. Rejecting the prayer, the court held that the applicant's involvement in organized crime and unlawful anti-social activities negated grounds for bail.
Bail prayer rejected and application dismissed without any ground being made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25147 of 2020
Applicant :- Faizan Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rafiuddin Ansari,Shamshad Alam Ansari
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 190 of 2020, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bakhira, District Sant Kabir Nagar, during pendency of trial.
The applicant has been implicated under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act on the allegations that he had been engaged repeatedly in the offence of theft under Sections 457, 380, 411 I.P.C. The first incident in which, the applicant has been implicated had occurred on 7.3.2020, whereas another incident was occurred on 4/5.5.2020. The arrest of the applicant was made on 10.5.2020.
It appears that the applicant has been enlarged on bail in the aforesaid offences on the premise that there was no recovery of looted/stolen articles from his possession. However, chargesheet has been submitted after completion of investigation in both the cases.
Be that as it may, looking to the allegations in the first information report dated 29.5.2020 which categorically records that the applicant alongwith three other persons had indulged in unlawful, anti-social activities and the gang of which, the applicant is a member had been indulged in organized crime, no good ground is made out for grant of bail to the applicant.
The bail application is, accordingly, rejected .
Order Date :- 8.9.2020 Brijesh
2 issues framed by the court
Whether the applicant is eligible for bail under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Whether the allegations of organized crime and unlawful activities preclude the grant of bail.
2 provisions across 2 enactments
Faizan Ali
State of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
