Vishnu v. State of U.P.

Neutral Citation No. - 2023:AHC:153874

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27711 of 2023

Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

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

1. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 29 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, the "Gangsters Act"), Police Station Chandaus, District Aligarh during the pendency of the trial.

1. Learned counsel for the applicant submits that according to the gang chart, two cases are shown against the applicant and in the said cases the applicant has been enlarged on bail.

1. She further submits 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. 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 Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. It is next submitted that the provisions of the Gangsters Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.