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. Submis