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A Noida court Friday rejected the bail application of Shrikant Tyagi, arrested for assaulting a woman at Grand Omaxe society last month, for a case registered under the Gangster Act. The bail plea was submitted by Tyagi before the court of a Special Judge (gangster court).
Tyagi was arrested on August 9 by Noida police in Meerut. According to Sushil Bhati, the lawyer appearing for Tyagi, the prosecution opposed bail relying on the criminal history of the accused in nine cases registered against him under various sections of the IPC.
The Special Judge relied on Section 19(4) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, and observed that the Act is a “special law” and a “self-contained Act”. Section 19(4) states, “Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless: (a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”
The court held, “There is no reasonable ground available for the court to believe that he is not guilty of such offence in respect of the registered charge against the applicant/accused at this stage, as evidence has come during the course of the investigation that there is an organised nexus between the accused and the co-accused. There is a gang, its kingpin is the accused Shrikant Tyagi.”
The court observed that the accused would fraudulently apply the monogram of the Uttar Pradesh government on his car and impersonate VIP number plates and tried to display himself as a high-ranking official wherein he would commit crimes to gain financial and material benefits for his personal gain and for his gang. The court held that it did not have reasonable ground to believe that the “accused will not commit any offence while on bail”, and in view of the aforesaid observations, it cancelled the bail plea.
One of the submissions made by Tyagi in the plea was that that there is no fear of the accused in society and has he not earned any material benefit by impersonating logos of the Uttar Pradesh government and placed them on his car to intimidate people.
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