Azad v. State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47913 of 2022

Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No. 166/2022, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station - Sindhaura , District - Varanasi, with the prayer to enlarge the applicant on bail.

The submissions of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the case. It is further submitted on behalf of the applicant that two cases have been shown in the gang chart against the applicant and in the said cases, applicant is on bail.

He further stated that in the F.I.R. in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague.

He further stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the F.I.R. is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact(s) having serious reflection on the society, for which purpose the Act was enacted.