The Court allowed bail to the applicant under the U.P. Gangster Act, noting that mere pendency of a case does not invite the Act, especially where the applicant is already on bail and allegations are vague.
Released on bail on furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15765 of 2023
Applicant :- Arun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
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 also submitted that other criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit and the bail orders have been annexed as Annexure No.SA-1 . 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. Applicant is languishing in jail since 21.03.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 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.
Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case.
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 case. 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 counsel for the parties 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 Arun Yadav involved in Case Crime No. 148 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Vijay Nagar, DistrictGhaziabad 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 :- 26.4.2023 Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant qualifies as a 'Gangster' under the U.P. Gangster Act given pending bail in related cases.
Whether vague allegations of gang membership in the FIR suffice to invoke the provisions of the Gangster Act.
1 provisions across 1 enactments
Arun Yadav
Vikram D. Chauhan
Sumit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
