Naresh Kumar Verma vs. State Of U.P.
Held
The Court, considering the submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, decided to grant bail to the applicant, Naresh Kumar Verma. The reasoning appears to be based on the applicant's prior acquittals in the cases mentioned in the Gang Chart, as argued by his counsel. The Court directed that the applicant be enlarged on bail upon executing a personal bond and furnishing two sureties to the satisfaction of the court concerned. Several conditions were imposed on the bail, including undertaking not to seek adjournments, remaining present in court, and facing proceedings for misuse of liberty or absence as per law, including Sections 229-A and 174-A of the Indian Penal Code, and Section 82 Cr.P.C.
Facts
This is a bail application filed by Naresh Kumar Verma, the applicant, who is involved in GST No. 146 of 2004, arising out of Case Crime No. 303 of 2003, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Jagner, District Agra. The applicant has been in jail since February 22, 2023. The applicant's counsel contended that only two cases were shown against the applicant in the Gang Chart, and in both, the applicant has been acquitted. An additional case against the applicant was also explained in the supplementary affidavit. The learned Additional Government Advocate opposed the prayer for bail.
Key Issues
1. Whether the applicant is entitled to be enlarged on bail under Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, considering his prior acquittals and the nature of the current case. Contentions: Petitioner/Applicant: The applicant argued that the two cases listed in the Gang Chart against him have resulted in his acquittal. He also submitted details of another case against him. The applicant emphasized his period of incarceration since February 22, 2023. Revenue/State: The learned Additional Government Advocate opposed the prayer for bail.
Sections Cited
Section 19, Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Section 229-A Indian Penal Code, Section 174-A Indian Penal Code, Section 82 Cr.P.C.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:104008 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14075 of 2023 Applicant :- Naresh Kumar Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit dated 1.5.2023 filed by learned counsel for the applicant is taken on record.
Heard Sri Gaurav Sharma, learned counsel for the applicant and Sri Mithilesh Kumar, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that only two cases have been shown against the applicant in the Gang Chart which has been annexed at page-7 (annexure-SA-1 to the supplementary affidavit, which is on record) of the bail application and in the said cases, the applicant has been acquitted by the competent Court, the said fact has been mentioned in paragraph nos.6 and 7 of the supplementary affidavit daed 1.5.2023. Apart from the cases which have been mentioned in gang chart one other case is there against the applicant which has been explained in paragraph no.5 of the supplementary affidavit dated 1.5.2023, which is on record. The applicant is in jail since 22.2.20
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