Back
VIKRAM D. CHAUHAN
Sharzad Alias Shahzad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. It is submitted by learned counsel for the applicant that there is only one case shown in the gang chart against applicant, in which case he is already on bail, the bail order is annexed as Annexure no. 3 to the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph 10 of the affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 02.11.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation und
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) ....
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.
The grant of bail was based on the lack of valid grounds for detention and the applicant's previous bail orders.
Bail under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.
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 emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
The court considered the absence of criminal history apart from the case shown in the gang chart and the undertaking of the applicant not to misuse the liberty of bail as grounds for allowing the bai....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
