In this bail application, the High Court of Judicature at Allahabad rejected the application of Bholu @ Sanjay under the U.P. Gangsters Act, noting his criminal antecedents and habitual offender status as barring the grant of bail.
Bail application rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16661 of 2023
Applicant :- Bholu @ Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant as well as the learned A.G.A for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Bholu @ Sanjay, with a prayer to release him on bail in Case Crime No. 122 of 2023, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities(Prevention) Act, 1986, Police StationKotwali, District- Mathura, pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in two cases in which in one case he has already been enlarged on bail by the court concerned which is annexed as Annexure-3 to the affidavit filed in support of bail application and in another case he has already been granted bail by co-ordinate Bench of this Court which is annexed as Annexure S.A.-1 of supplementary affidavit filed today in support of bail application. The applicant has falsely been implicated in the present case due to police rivalry. The applicant is not a member of any gang. The criminal history of the applicant has been explained in paragraph no.6 of the affidavit. The applicant is languishing in jail since 21.12.2022. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant and submitted that the applicant is a habitual offender and has criminal history of the cases such as under Section 489B, 489C I.P.C, under Section 307 I.P.C, under Section 395, 397, 412 I.P.C and other cases under Section 379, 411 I.P.C of the identical nature.
In view of judgment of Hon'ble the Apex Court in the case of
Neeru Yadav vs. State of U.P. and another (2015) 3 SCC 527 , criminal antecedents of the accused cannot be ignored while deciding bail application, discretionary powers of Courts to grant bail must be exercised in a judicious manner in case of a habitual offender.
Considering the facts and circumstances of the case, submissions advanced on behalf of parties, gravity of the offence and severity of the punishment, I do not find any good ground to grant bail to the applicant.
Accordingly, the bail application is rejected.
Order Date :- 12.6.2023 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to an accused charged under the U.P. Gangsters Act with a criminal history implying habitual offending.
Colour shows how this judgement treated each authority
Neeru Yadav vs. State of U.P. and anotherReferred¶10
Neeru Yadav vs. State of U.P. and another (2015) 3 SCC 527 · Who else cites this
1 provisions across 1 enactments
Bholu @ Sanjay
Mayank Kumar Jain
As recorded by the court registry
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