YAQOOB Vs. STATE OF U P

JUDGEMENT

(1.) Applicant-Yaqoob @ Nanhe, seeks bail in Case Crime" No.0050 of 2019," under Section" 3 (1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Rajabpur, District-Amroha (J.P. Nagar)

(2.) Heard Sri Santosh Kumar Singh learned counsel for the applicant as well as Sri K. K. Nishad, learned AGA for the State and perused the material placed on record.

(3.) It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in only one criminal case in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. It has been further submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material for himself or any other person by Gangster and Anti Social Activities acts. It is also submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicant. It was next submitted that the provisions of the Act has been used against the applicant like a weapon to harass and intimidate the innocent applicant. There are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.04.2019.. In case he is enlarged on bail he will not misuse the liberty of bail.