NASEER MOHAMMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary conditions prevailing now a days.

(2.) I have perused the bail application filed on behalf of Naseer Mohammad, who is languishing in jail since 25.10.2016 in connection with Session Trial No.23 of 2017 arising out of Case Crime No.0566 of 2016, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-G.R.P., District-Rampur.

(3.) Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in eight other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. All the cases are related to theft and decoity. It has been borne out from the record that has been acquitted in one Case Crime no.457 of 2016, another Case Crime no.458 of 2016 and third Case Crime no.459 of 2016. The nature of rest of the cases, is trivial and insignificant. It has been submitted that the applicant belongs to a poor family and there is no other bread earner in his family. The objection filed by learned A.G.A. shows that the applicant has got criminal history of 14 cases but the Court cannot take judicial notice of written objection. If those cases are not shown in the gang chart, the Court cannot rely upon the mere statement. The applicant is in jail since 25.10.2016, hence the applicant is entitled to be enlarged on bail.