In the present bail application, the applicant is seeking bail under the Gangster and Anti-Social Activities (Prevention) Act which is upheld by The High Court of Allahabad through the learned bench led by HONOURABLE JUSTICE KRISHAN PAHAL in the case of Zeba Rizwan vs State of UP. Thru.Prin. Secy. Home Lko. (CRIMINAL MISC. BAIL APPLICATION No. – 4691 of 2022).
RIVAL CONTENTIONS: The applicant in the aforesaid case is a Lady, aged 28 years and has her children to tender to. Learned Counsel has argued that the prosecution under the Gangster Act has been launched on the basis of one criminal case gang chart, in which she has already been enlarged on bail by this court. She has been falsely implicated in the present case due to political rivalry and is not a member of any gang. It is further stated that there is no other criminal history of the applicant and that currently, the applicant is languishing in jail since 10.1.2022.
Per Contra, the Learned Counsel for the victim has indignantly argued that he has relied on the judgments of the Apex Court as well as of this court and has stated that the bails of the Gangsters Act should not be leniently taken up.
COURT’S OBSERVATION: The Honourable Court has opined that in the aforesaid case the only witnesses are Police and that the FIR in the subject matter has been lodged by Awdesh Raj Singh. The victim/complainant of the offense is neither a victim nor a witness under U.P Gangster Act and if the said victim is permitted to appear and oppose the bail applications, it shall open Pandora’s box and prove a hurdle in the proper disposal of the case.
The Court has also emphasized Section 2(wa) of Cr.p.c which defines the term “victim”, Section 24(8) of Cr.p.c, Section 372 of Cr.p.c “No appeal to lie, unless otherwise provided” and Section 301 “Appearance by Public Prosecutors”.
JUDGEMENT: Without expressing any opinion on the merits, the bail application was allowed to the applicant by the High Court of Allahabad, stating the fact that after hearing the learned counsel for the parties and seeing the circumstances of the case, and considering the fact that there is only one case pending against the applicant and that too of a criminal conspiracy, the twin conditions referred to in Section 19(4) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, stand satisfied and it is a fit case for bail.
JUDGEMENT REWIED BY RIYA DWIVEDI