Vikas v. State of U.P.

Neutral Citation No. - 2023:AHC:201926

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44019 of 2023

Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

1. Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.

1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

1. It is submitted by learned counsel for the applicant that there are three cases shown in the gang chart against applicant, in which cases he is already on bail, the bail orders are annexed as Annexure no.3 to 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 11.8.2023 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.