Facts of the Case

Shailendra Yadav sought bail in a matter registered under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, arising from Case Crime No. 382 of 2019 at Police Station Kurawali, District Mainpuri. The order refers to the applicant as 'involved in GST No.39 of 2020' — here, 'GST' stands for 'Gang Chart' or 'Gang Sheet', an internal numbering used for Gangsters Act cases under that statute's registration system, and has no relation whatsoever to the Goods and Services Tax. The applicant's counsel pointed out that only one case was shown against him in the relevant Gang Chart, and that he had already been granted bail in that underlying case; he had been in custody since 13.09.2019.

Issues Involved

  1. Whether the applicant made out a case for bail under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, given he had already secured bail in the sole predicate case listed against him.

Petitioner's Arguments

  • Only one case was shown against the applicant in the Gang Chart, and he had already been granted bail in that case; he had been in judicial custody since 13.09.2019.

Respondent's Arguments

  • The State opposed the bail prayer.

Court Order / Findings

  • Keeping in view the nature of the submissions and the provisions of Section 19 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, the Court enlarged the applicant on bail, subject to standard conditions relating to attendance at trial, non-adjournment for evidence, and consequences of default (including action under Sections 229-A and 174-A IPC for absence).

Important Clarification

Despite the appearance of the term 'GST' in the case description ('GST No.39 of 2020'), this order has nothing to do with the Goods and Services Tax — 'GST' here is an abbreviation for 'Gang Sheet'/'Gang Chart', the internal case-numbering convention used under the U.P. Gangsters and Anti-Social Activities (Prevention) Act. This is purely a criminal-law bail order under that Act; readers should not mistake it for tax litigation.

Sections Involved

  • Sections 2 and 3, U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 — offences relating to membership of, and activity as, a 'gang'.
  • Section 19, U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 — bail provisions under the Act.

Decision – In Favour of

Decided in favour of the applicant (Shailendra Yadav) — bail was granted; no GST issue was involved at any point in this matter.

Case Details

  • Court: High Court of Judicature at Allahabad
  • Case No.: Criminal Misc. Bail Application No. 24770 of 2023
  • Neutral Citation: 2023:AHC:123908
  • Coram: Hon'ble Vivek Kumar Singh, J.
  • Date of Order: 31 May 2023

Link to Download the Order

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