Triveni v. State of U.P.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39761 of 2020

Applicant :- Triveni Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Srivastava,Sharad Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

The present bail application has been filed on behalf of the applicant, Triveni , with a prayer to release him on bail in Case Crime No. 63 of 2020, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police StationKuvargav, District- Budaun, during pendency of trial.

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is languishing in jail since 17.9.2020.