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VIVEK VARMA
Aryan Lodhi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party and perused the record.
2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 04 of2023, under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station-Kharela, District-Mahoba, during the pendency of trial.
3. Learned counsel for the applicant submits that according to the gang chart, two cases are shown against the applicant and in the said cases the applicant has been enlarged on bail.
4. He further submits that in the 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. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms “gang” and “gangster” as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any
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.
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.
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.
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) ....
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 emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
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