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2022 Supreme(All) 267

SAURABH LAVANIA
Bhola – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Azhar Hussain

JUDGMENT :

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

2. The present bail application has been filed on behalf of the applicant in Case Crime No.0051 of 2022, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station New Agra, District Agra, with the prayer to enlarge him on bail.

3. The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case. It is further submitted on behalf of the applicant that three cases have been shown in the gang chart against the applicant and in all the cases, applicant is on bail.

4. He further stated that in 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. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is bas

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