High Allahabad Court allowed bail to Vaibhav Mishra under the U.P. Gangster Act. The court found no material proving he is a gangster and noted his prior bail grants. Bail granted on personal bond and sureties.
Applicant released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16751 of 2023 Applicant :- Vaibhav Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Giriraj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Supplementary affidavit filed by learned counsel for the applicant, is taken on record.
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 and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant, in which cases he is already on bail, the bail orders are annexed as Annexure nos.2 and 3 to the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph 6 of the affidavit. 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 21.3.2023 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. It is further submitted that co-accused Aakash has already been granted bail by this Court by order dated 20.4.2023 passed in Criminal Misc. Bail Application No.17849 of 2023, copy of which has been produced for perusal
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 two criminal cases. However, applicant has been released on bail in the aforesaid cases. 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 A.G.A. 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 Vaibhav Mishra involved in Case Crime No. 100 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Civil Line, District Muzaffar Nagar 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 :- 2.5.2023
D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the definition of 'Gangster' under the U.P. Gangster Act given his pending cases.
Whether the applicant is eligible for bail despite allegations under the Gangster Act.
1 provisions across 1 enactments
Vaibhav Mishra
Vikram D. Chauhan
Dhirendra Tamang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
