(1.) Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record.
(2.) This application has been filed seeking the release of the applicant on bail in Case Crime No. 609 of 2020, under Sec. 3(1) of the U.P. Gangster and Anti Social (Prevention) Activities Act, 1986, Police Station Jhangaha District Gorakhpur.
(3.) The chief plank of the submissions made on behalf of accused is that in all 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.