Sunday, February 5, 2023

Allahabad High Court refuses bail to man arrested under UP Gangster Act

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The Allahabad High Court refused to release on bail Sonu alias Jainendra of Khudaganj Shahjahanpur, who was involved in 36 crimes lodged in jail under the UP Gangster Act.

A Single Bench of Justice Sadhna Rani Thakur passed this order, while hearing a Criminal Miscellaneous Bail Application filed by Sonu alias Janandra.

The accused applicant, Sonu alias Janandra, is involved in case under Section 2/3 of the UP Gangster Act registered at Police Station Khudaganj, District Shahjahanpur.

It is argued that in the gang chart two cases are shown against the accused while the accused has a criminal history of total 36 cases and in all 36 cases he is on bail. He is languishing in jail since July 22, 2021, so prayer of bail is made.

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Additional Government Advocate has argued that the accused has a criminal history of 36 cases and the orders of 20 cases have been appended. Regarding rest cases, it is mentioned in the supplementary affidavit that the accused is on bail in all the 36 cases.

“From the record, it is clear that the accused is having criminal history of 36 cases of Sections 307, 392, 506, 411, 380, 457,379, 398, 401 IPC cases of gangster act and Section 3/25 Arms Act and cases of Goonda Act. These cases are from the year 2013 till 2021. Though, the accused is said to be on bail in the cases of I.P.C, Gangster Act and Arms Act and the case of Goonda Act is said to have outlived its life and the compliance of case under Section 110 (G) Cr.P.C is said to have been done. It is reported that the accused has a history of 36 cases to his credit. Previously also, two cases of Gangster Act were slapped upon him and he is involved in the criminal cases since 2013 till now.

After hearing the counsel for the parties, perusing the record and taking overall view of the facts and circumstances of the case, I do not find it to be a fit case for bail”

-the Court observed while rejecting the bail application.

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“Let a notice be issued to the Investigating Officer concerned to show that when the accused has a criminal history of 36 cases then how he has shown only two cases in the gang chart. The reply be submitted within a week”

-the Court ordered.

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