KRISHNA PRATAP SINGH, J. - (1.) Supplementary affidavit filed today, is taken on record.
(2.) Applicant-Sunil seeks bail in Case Crime No.25/19 under Section 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Sakaldiha, District-Chandauli.
(3.) Heard Sri Mahesh Kumar Singh, holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for the applicant as well as Sri Sushil Kumr, learned AGA for the State and perused the material placed on record. 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 two criminal cases in which he has already been enlarged on bail by the court concerned, which has properly been explained in supplementary affidavit. 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 01.02.2019. In case he is enlarged on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. ;