Jaihind Sriwas vs. State Of U.P.
Held
The Court rejected the bail application, finding no good ground for release based on the facts and circumstances, the gravity of the offense, the nature of accusations, and the severity of punishment in case of conviction. However, considering the applicant has been in jail since June 22, 2019, the Court allowed the prayer for expediting the trial. The trial court was directed to make all possible efforts to conclude the trial expeditiously, preferably within a period of six months from the date of production of a certified copy of the order. The Court did not expressly leave any issue undecided.
Facts
This is a bail application filed by Jaihind Sriwas, the applicant, who is involved in Case Crime No. 200 of 2003 (GST No. 31/2018) under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention Act), 1986. The applicant was previously enlarged on bail by the Court below on May 1, 2003. However, he was arrested in another case on January 23, 2015, and subsequently failed to appear before the Court below on April 16, 2020. He has been in jail since June 22, 2019. The State opposed the bail application, citing the applicant's criminal history of 29 cases.
Key Issues
1. Whether the applicant is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, 1973, considering his criminal history and the gravity of the offense. Contentions: Petitioner/Applicant: The applicant is innocent and has been falsely implicated. He was previously granted bail and his non-appearance was due to his arrest in another case. He has been languishing in jail since June 22, 2019. Revenue/State: The applicant has a significant criminal history of 29 cases, and therefore, the bail application should be rejected.
Sections Cited
Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention Act), 1986, Section 439 of the Code of Criminal Procedure, 1973
AI-generated summary — verify with the full judgment below
Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23101 of 2020 Applicant :- Jaihind Sriwas Opposite Party :- State of U.P.
Counsel for Applicant :- Laxman Pathak,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State- respondent.
This bail application has been filed on behalf of the applicant involved in Case Crime No.200 of 2003 (GST No.31/2018), under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention Act), 1986, Police Station- Mauranipur, District- Jhansi.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is next contended that earlier applicant was enlarged on bail by the Court below vide order dated 1.5.2003, but later on, he was arrested in another case on 23.1.2015 and could not appear before the Court below on the date fixed i.e. on 16.4.2020. He is languishing in jail since 22.6.2019.
Learned A.G.A. has vehemently opposed the bail application and submitted that applicant is having criminal history of 29 cases, therefore, the present bail application is liable to be
The judgment continues below.
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