Pawan vs. State Of U.P.
Facts
This case involves a bail application filed by the applicant, Pawan, who is accused under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant claims to be falsely implicated and argues that there is no reliable evidence against him. He is currently in jail and seeks release on bail, assuring cooperation with the trial and no misuse of liberty. The applicant also notes that no bail cancellation application has been moved concerning the cases listed in the gang chart. The State, through the learned AGA, opposed the bail prayer. The case crime number is 697 of 2009, with a GST number of 89 of 2012, registered at Police Station Sirsaganj, District Firozabad.
Held
The Court held that the applicant has made out a case for bail. While not expressing an opinion on the merits of the case, the Court considered the nature of the offence, the provisions for initiation of cases and release of accused under the U.P. Gangster and Anti Social Activities (Prevention) Act, the evidence, the complicity of the accused, and the severity of the punishment. Based on these considerations and the submissions of both parties, the Court found sufficient grounds to grant bail. The applicant, Pawan, was ordered to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to specific conditions including not tampering with evidence, not intimidating witnesses, appearing before the trial court, and not committing similar offences. The Court also mandated verification of sureties before issuing the release order.
Key Issues
1. Whether the applicant, Pawan, is entitled to be released on bail under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, considering the nature of the offence, the evidence, and his alleged complicity. Contentions: Petitioner (Pawan): Argued that he has been falsely implicated, lacks reliable evidence against him, is languishing in jail, and will not misuse bail. He also pointed out the absence of any bail cancellation application for the cases in the gang chart. Revenue (State): Opposed the prayer for bail.
Sections Cited
Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act
AI-generated summary — verify with the full judgment below
Court No. - 24 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17644 of 2018 Applicant :- Pawan Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is on bail in cases shown in the gang chart. The applicant has been falsely implicated in the present case. There is no reliable evidence against him.
He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the Gang Chart.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits o
The judgment continues below.
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