Shahban v. State of U.P.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3888 of 2021

Applicant :- Shahban Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in FIR No. 0029 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, police station Fatehganj district Banda during the pendency of trial.

It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in one criminal case in which he has already been enlarged on bail by the court concerned and the copy of the same has been annexed as annexure No. 3 to the application. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 18.11.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.