YASEEN Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed seeking the release of the applicant on bail in Case Crime No. 0092 of 2018, under section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Ghaziabad Kotwali, District Ghaziabad.

(2.) Heard Mr. A.C. Srivastava, learned counsel for the applicant, learned Additional Government Advocate and Mr. Vinay Saran, learned counsel for aggrieved victim/father of the deceased.

(3.) Learned counsel for the applicant submitted that applicant is absolutely innocent and has been falsely implicated in this case due to enmity. It was further submitted that the applicant is not a member of any gang and as member or leader or organiser of a group, applicant never indulged himself in the kind of activities set out under the various sub-clauses of clause (b) of section 2 of the Act by use of violence or threat or show of violence or intimidation. It was next submitted that there is nothing on record to show that applicant has gained undue temporal pecuniary material or other advantage for himself or any other person by gangster and anti-social activities acts. There is no report of District Magistrate/Special Judge regarding acquisition of any movable or immovable property by the applicant. It was also submitted by the learned counsel for the applicant that in the present case, the provisions of the Act have been used against the applicant like a weapon to harass and intimidate the innocent applicant. It was next submitted that applicant is aged about 68 years old and is suffering from serious heart disease and Doctor has advised him for Coronary Angio By-pass surgery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been put forth before the Court. The circumstances which according to the counsel for applicant led to the false implication of the applicant, have also been touched upon at length. It has been assured on behalf of the applicant that applicant is ready to co-operate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it was submitted that if applicant is released on bail, he will not misuse the liberty of bail and will not indulge in such activities.