ASHOK PASWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

(2.) The present bail application has been filed on behalf of the applicant Ashok Paswan @ Bolta with a prayer to release him on bail in Case Crime No. 12 of 2020, under Section 3 (1) Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Shakti Nagar, District- Sonebhadra during pendency of trial.

(3.) The submissions advanced by the learned counsel on behalf of accused applicant is that in three cases mentioned in paragraph No. 7 of the affidavit in support of the bail application, which have been made the basis to impose the provisions of Gangsters Act against the accused applicant, he has already been granted bail by the Court vide Annexure No. 3 to the bail application. Submission is that the applicant is not gangsters and has never acted or conducted him as such. Further submission is that as the applicant has already been released on bail in 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. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make him 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. It has also been submitted that the applicant is in jail since 18.06.2020 and the applicant has no other criminal history except the three case as mentioned in the gang chart. He submits that there are no other cases except as mentioned in the gang chart.