Learned counsel for the applicant has argued that a first information report has been lodged by S.O. Sri Rajesh Tripathi at P.S. Chaubeypur, District Varanasi (Rural) being FIR No. 0513 of 2021, on 6.12.2021 at 23:27 hours under Section 3(1) of U.P. Gangsters Act and Anti-Social Activities (Prevention) Act, 1986 against the applicant and 2 others. Learned counsel for the applicant has drawn the attention of this Court towards page-22 being the gang-chart, in which name of the applicant finds place at Sl. No.2, wherein two cases have been shown to be pending against the applicant being Case Crime nos. 385 and 388 both of 2021, under Sections 379/411/413 IPC, in which applicant has been enlarged on bail by virtue of order dated 4.10.2021 passed in Bail Application No. 3483 of 2021, appended at page-24 of the paper-book and order dated 29.10.2021 in Bail Application No. 3410 of 2021, respectively. Learned counsel for the applicant has argued that there is no occasion to invoke the provisions of the Gangsters Act and he is unnecessarily languishing in jail since 8.12.2021. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail.
