SHARZAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.

(2.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(3.) It is submitted by learned counsel for the applicant that there is only one case shown in the gang chart against applicant, in which case he is already on bail, the bail order is annexed as Annexure no. 3 to the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph 10 of the affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 2/11/2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available.