An accused person is entitled to bail if there is no evidence to suggest that they are a member of a gang or a gang leader, and they have been granted bail in other cases related to the gang chart.

Headnote:
BAIL - GANGSTERS ACT - [SECTION 2 AND 3] - BAIL GRANTED - NO EVIDENCE OF GANG MEMBERSHIP OR LEADERSHIP - FALSE IMPLICATION - NO LIKELIHOOD OF TAMPERING WITH EVIDENCE OR PRESSURIZING WITNESSES
Fact of the Case:

The applicant was arrested and charged under Section 2 and 3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. He filed a bail application, arguing that he was falsely implicated and had been granted bail in two other cases related to the gang chart.
Finding of the Court:

The court found that the applicant had been granted bail in two other cases related to the gang chart and that there was no evidence to suggest that he was a member of a gang or a gang leader. The court also noted that the applicant had been in jail since September 9, 2022.
Issues: Whether the applicant should be granted bail in the present case.
Ratio Decidendi: The court held that the applicant was entitled to be released on bail because there was no evidence to suggest that he was a member of a gang or a gang leader, and he had been granted bail in two other cases related to the gang chart.
Final Decision: The court granted the applicant bail on the condition that he would not tamper with the prosecution evidence, pressure the prosecution witnesses, and appear on each and every date fixed by the trial court.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55499 of 2022

Applicant :- Julfan

Opposite Party :- State of U.P.

Counsel for Applicant :- Masoom Alam

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Supplementary affidavit, filed today, is taken on record.

Heard learned Counsel for the applicant and learned A.G.A. for the State.

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. 0464 of 2022, under

Section 2 and 3 U.P. Gangsters and Anti Social Activities (Prevention) Act,

1986, Police Station- Gangoh, District- Saharanpur during pendency of the trial.

It is contended that according to the gang chart two cases have been shown

against the applicant and in the said cases he has been granted bail by this Court

on 18.7.2022 and 2.1.2023. Apart from the aforesaid cases the applicant is

involved in seven other cases and in the said cases he has been enlarged on bail.

The details of the same have been mentioned in para 8 of the affidavit filed in

support the bail application. It is further submitted that the applicant is neither a

member of any gang nor a gang leader and he has been falsely implicated in the

present case due to ulterior motive and is in jail since 9.9.2022. In case he is

enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily

dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of

the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant, Julfan involved in the aforesaid case be released on bail on

his furnishing a personal bond and two sureties each of the like amount to the

satisfaction of court concerned on the following conditions that:

1. the applicant shall not temper with the prosecution evidence;

2. the applicant shall not pressurize the prosecution witness;

3. the applicant shall appear on each and every date fixed by the trial court.;

In case of breach of any of the above conditions, the prosecution shall be at

liberty to move bail cancellation application before this Court.

Order Date :- 11.1.2023

S.S.

Digitally signed by :-

SIDDHARTH SRIVASTAVA

High Court of Judicature at Allahabad