ANGAD RAI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamal Kishore, Senior Advocate assisted by Sri Shashi Bhushan Kumar and Pradeep Kumar Rai, the counsel for the applicant and Sri P. C. Srivastava, Additional Advocate General assisted by Sri Arvind Kumar, Additional Government Advocate.

(2.) The present bail application has been filed seeking enlargement of bail of the applicant in FIR No.0314 of 2023 instituted against the applicant under Sec. 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986 Police Station Kotwali, District Ghazipur hereinafter referred to as 'Gangster Act'.

(3.) The averments, in brief, are that the applicant was being tried for an offence under Sec. 386 IPC vide case crime no.111 of 2023, P.S. Kotwali, District Ghazipur. The applicant applied for bail in the said case and was enlarged on bail vide order dtd. 26/5/2023, contained in Annexure no.3. Subsequently, according to the counsel for the applicant, with a view to frustrate the enlargement on bail, the offence under Sec. 3(1) of the Gangster Act was imposed against the applicant vide case crime no.314 of 2023.