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VIVEK VARMA
Pappu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Vivek Varma, J.
1. Heard learned counsel for the applicant, learned A.G.A 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.271 of 2024, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Kakore, District-Bulandshahr, 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. It is next contended that apart from the cases mentioned in the gang chart, the applicant was found involved in four cases. 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 provide
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 ruled that an applicant is entitled to bail under the Gangsters Act if they comply with statutory conditions and there is no substantial evidence of guilt, and relevant conditions were impo....
Bail granted - Applicant will not make any attempt to tamper with prosecution evidence in any manner whatsoever - Applicant will personally appear on each and every date fixed in court below and his ....
The court emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
Bail under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.
The court granted bail, emphasizing the importance of individual rights and the presumption of innocence under the U.P. Gangsters and Anti Social Activities Act, 1986.
Bail granted - Failure by person released on bail or bond to appear in Court - There is no possibility of applicant of fleeing away from judicial custody or tampering with the witnesses - Applicant i....
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