Satish v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant in a case under the U.P. Gangster Act after observing that the material on record was not strong enough to raise a presumption of guilt and the applicant is otherwise on bail in related cases.
What did the court decide?
Applicant released on bail with personal bond and two reliable sureties to the satisfaction of the court concerned.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8933 of 2022
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar,Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,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 with the prayer to enlarge him on bail in Case Crime No.22 of 2022, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Hastinapur, District Meerut.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, 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 all the cases shown the applicant is on bail.
He further stated that in 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. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR 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.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the charge under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Whether the applicant will misuse freedom on bail or tamper with evidence.
Parties & counsel
- applicant
Satish
Coram
Saurabh Lavania
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/8933/2022
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