Case Law Details
Kamlesh Pathak Vs State of U.P. (Allahabad High Court)
Allahabad High Court rejected the bail application filed u/s. 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of gravity of offence and the criminal antecedents.
Facts- By means of the present bail application, the applicant seeks bail in Case Crime No.462 of 2020, under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Auraiya, District- Auraiya, during the pendency of trial.
Conclusion- It is true that under normal circumstances, if otherwise the case of the delinquent for bail is made out, the criminal antecedents are not to be considered, but herein the gravity of offence and the criminal antecedents that too the cases of murder, attempt to murder, attempt to dacoity and forgery etc. weigh against the applicant.
Held that there are reasonable grounds for believing that the applicant is not guilty of such offence and that he is not likely to commit any offence while on bail as is the requirement of Section 19(4) of the Act.
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