Allahabad high Court: In a bail application filed by Srikant Tyagi for offences under Sections 2 and 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, (‘UP Gangster Act’) during the pendency of trial, Surendra Singh-I, J. has allowed the bail application plea of Srikant Tyagi considering the facts and circumstances of the case and the nature of the allegations. The counsel for Srikant Tyagi submitted that the lodging of the present case under the Gangster Act, is totally illegal and no case is made out against the applicant. It was submitted that Srikant Tyagi has already been enlarged on bail in other criminal cases and was even acquitted in one of the cases. Also, in the gang chart, cases relating to Fortuner vehicles have been registered against Srikant Tyagi under Sections 419, 420, 482 of the Penal Code, 1860, but he is not the registered owner of the aforesaid vehicles and they have not been recovered from his possession. Further, all the seven criminal cases registered against him are relating to crime alleged to have been committed from the year 2007 to 2020, and he has been falsely implicated in the present case due to police rivalry, as he is not a member of any gang. Moreover, it was submitted that Srikant Tyagi has been in jail since 09.08.2022.
The Court noted that the Government Advocate opposed the prayer for bail, but he could not deny the assertion made by Srikant Tyagi regarding the bail orders and acquittal orders passed in the aforesaid cases. Thus, he has been granted bail subject to certain conditions.
[Srikant Tyagi v. State of UP, 2022 SCC OnLine All 715, decided on 17.10.2022]
Advocates who appeared in this case :
Counsel for Applicant:- Advocate Amrita Rai Mishra
Senior Advocate Alok Ranjan Mishra
Counsel for Opposite Party:- Government Advocate
