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SUBHASH VIDYARTHI
Mahesh Vashishtha – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Shikhar Awasthi, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State, Shri Kamal Kishor Mishra, the learned counsel for the informant and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 639 of 2018, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Govindnagar, District Mathura.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25-09-2018 by the Station House Officer against two named accused persons (i) Harendra and (ii) Mahesh Vashishtha, alleging that upon perusal of the gang-chart approved by the District Magistrate he came to know that the accused persons are having an organized gang and the members of the gang earn their livelihood by committing offences mentioned under Chapters XVI, XVII, XVIII and XXII of the Indian Penal Code.
4. The gang-chart mentions involvement of the applicant is a solitary case being Case Crime No. 435 of 2018, under Sections 420, 467, 468, 471, 406, 120-B I.P.C., P.S. Govind Nagar, District Mathura, in w
The main legal point established in the judgment is that the mere pendency of a criminal case may not automatically invoke the provisions of the U.P. Gangster and Anti Social Activities (Prevention) ....
Bail under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.
Grant of Bail - There is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below.
Vague allegations in an F.I.R. under the Gangsters Act do not justify denial of bail; reasonable grounds for believing the applicant is not guilty warrant bail.
The court established that vague allegations in an F.I.R. are insufficient to invoke the provisions of the Gangsters Act, emphasizing the need for specific acts or omissions to substantiate charges.
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