Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18351 of 2021 Applicant :- Nazakat @ Nazamat Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.284 of 2020, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Masoori, District Ghaziabad with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that there is no cogent material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. It was submitted that in the gang chart criminal history of six cases has been shown against applicant but applicant is on bail in all those cases. Regarding other criminal history of applicant, it has been submitted that most of those cases pertain to Electricity Act and that so far no remand of applicant has been done in those cases. It was further submitted that applicant is not a gang leader and that now he is languishing in jail since 17.02.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that there is criminal history of 6 cases against applicant in the gang chart and besides that criminal history of 28 cases was also shown against applicant which includes one case of dacoity and most of those cases pertain to Electricity Act and that there is ample material to show that applicant is a gangster. It was submitted that applicant is regularly indulging in offences under Electricity Act and other cases.
Considering the submissions of learned counsel for the parties, gravity of offence, long criminal history of applicant and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Nazakat @ Nazamat is hereby rejected.
Order Date :- 29.10.2021 Neeraj