The High Court allowed a bail application filed by Akash Sen. The court observed that the State failed to demonstrate material proving his status as a 'Gangster' and that the specific provision of the Gangster Act could not be invoked on the mere pendency of one case.
The applicant Akash Sen is released on bail on furnishing a personal bond and two sureties each.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11382 of 2022
Applicant :- Akash Sen Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned A.G.A. submits that he has received instructions in the matter and the matter may be heard.
It is submitted by learned counsel for the applicant that there is only one case shown in the gang chart against applicant, in which case he is already on bail, the bail order is annexed as Annexure no. 3 to the affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available. The applicant has no other criminal history. Applicant is languishing in jail since 24.1.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but does not dispute the aforesaid fact.
Having heard learned counsel for the parties, it is evident that the provision of Gangster Act has been invoked against the applicant on the basis of one criminal case. However, applicant has been released on bail in the aforesaid cases. Learned A.G.A. has not produced any material to demonstrate that the applicant comes within the definition of "Gangster" and "Gang" under U.P. Gangsters and Antisocial Activities (Prevention ) Act, 1986. Mere pendency of criminal case may not ipso facto invoke provisions of U.P. Act No.7 of 1986. Criminal history of the applicant has been adequately explained.
Considering the facts and circumstances of the case, nature of
offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Akash Sen involved in Case Crime No. 09 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Panwadi, District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
5 . The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.4.2022 VMA
Digitally signed by VISHWA MOHAN ARORA Date: 2022.04.02 15:19:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the definition of a 'Gangster' under the U.P. Gangsters Act.
Whether the applicant is entitled to release on bail in the pending trial.
1 provisions across 1 enactments
Akash Sen
Vikram D. Chauhan
Vishwa Mohan Arora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
