Neutral Citation No. - 2023:AHC-LKO:40357

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7428

of 2023

Applicant :- Jiyauddin

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P.

Lucknow

Counsel for Applicant :- Ashutosh Bajpai

Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

1. Heard Shri Ashutosh Bajpai, the learned counsel for the

applicant, Shri Prem Prakash, the learned A.G.A.-I for the State

and perused the record.

2. The applicant, Jiyauddin, has moved the present bail

application seeking bail in Case Crime No. 439 of 2022, under

Section 3(1) of U.P. Gangster and Anti Social Activities

(Prevention) Act, 1986, Police Station Huzurpur, District

Bahraich.

3. The chief plank of the submissions made on behalf of

accused is that in both the cases which have been made the

basis to impose the provisions of Gangster Act against the

accused, he has already been granted bail by the Court.

Contention is that the provisions of the Act have been ill-used

by the Police in order to perpetuate the detention of the

applicant in jail anyhow even though the offence under the

aforesaid Act is not made out. Submission is that the applicant

is not a gangster and has never acted or conducted himself as

such. Counsel for the applicant has also tried to demonstrate

that the alleged previous offences which are said to have been

committed by the applicant can at the most be said to be stray

incident of breach of law having no nexus with the definition of

a gangster as has been provided in the Act.

4. Further submission is that as it has been mentioned in

paragraph-8 of the affidavit filed in support of the bail

application that the applicant has already been released on bail

in both the cases on the basis of which the provisions of the Act

were imposed, it shall not be much justified to continue the

incarceration of the applicant. Submission is also that the

applicant is not guilty of having committed any offence under

the Gangster Act. It has also been pointed out that the accused

is in jail since 29.11.2022 and that in the wake of heavy

pendency of cases in the Court, there is no likelihood of any

early conclusion of trial.

5. Several other submissions regarding legality and illegality of

the allegations made in the F.I.R. have also been placed forth

before the Court. The circumstances which, according to the

counsel, led to the false implication of the accused, have also

been touched upon at length. It has been assured on behalf of

the applicant that he is ready to cooperate with the process of

law and shall faithfully make himself available before the court

whenever required and is also ready to accept all the conditions

which the Court may deem fit to impose upon him. The

applicant undertakes that in case he is released on bail he will

not misuse the liberty of bail and will cooperate in trial. It has

also been pointed out that the applicant is not having any

criminal history and he is in jail since 29.11.2022 and that in the

wake of heavy pendency of cases in the courts, there is no

likelihood of any early conclusion of trial.

6. Learned A.G.A.-I has opposed the prayer for bail but could

not dispute the fact of applicant having been released on bail in

all the criminal cases which have been shown to be the basis of

imposing the provisions of the Act.

7. After perusing the record in the light of the submissions made

at the Bar and after taking an overall view of all the facts and

circumstances of this case, the nature of evidence, the period of

detention already undergone, the unlikelihood of early

conclusion of trial and also the absence of any convincing

material to indicate the possibility of tampering with the

evidence and considering the larger mandate of the Article 21 of

the Constitution of India and the law laid down by the Hon'ble

Apex Court in the case of Dataram Singh vs. State of U.