- (1.) BARKAT Ali Zaidi, J Applicant accused Anil Singh alias Dau is charged under section 3(1) U.P. Gangster Act and wants bail in this offence because his bail application was rejected by Special Judge (Gangster Act) Kanpur Nagar.
(2.) HEARD Sri K.D. Tiwari and Sri Rakesh Dubey, Advocates for the applicant and Sri N.D. Rai, Addl. Government Advo ­cate for the State. As regards the offence under the U.P. Gangsters and Anti -Social Activities (Prevention) Act, 1986, it has to be noticed that section 19 (4) provides as follows: "Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made there under shall, if in custody, be released on 'bail or on his own bond un ­less........" (a) .........[vernacular ommited text]........... (b) where the Public Prosecutor op ­poses the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail."
(3.) BAIL should, therefore, be granted only where there are reasonable grounds for believing that he is not guilty of such offence. The arguments from the side of the accused was that in other cases which have proceeded against the accused, he has been enlarged on bail and that he is in detention for the last six months, that alone will not provide reasonable grounds for believing that he is not guilty of such offence.;