Bail is the rule, and continued incarceration without trial impinges upon personal liberty. Tangible results in cases and speedy trial are essential.

1. This bail application, after being released by some Hon'ble Judges of this Court, was nominated to this Bench by an order of Hon'ble the Chief Justice dated 17th of January 2012 when I was sitting in a Division Bench and subsequently it was listed and heard before this Bench on 30th and 31st of January 2012. This is how, this bail application was placed before and is being disposed off, by this Bench.

2. Heard Sri Satish Trivedi, Sri Daya Shanker Misra, learned Senior Advocates assisted by Sri Ravindra Sharma and Sri Khan Saulat Hanif for the applicant. Sri S.G.Hasnain, learned Addl. Advocate General assisted by Sri Mewa Lal Shukla, learned counsel for the State and Sri Shyam Kumar Singh holding brief of Sri Arvind Srivastava for the Intervenor.

3. The applicant seeks bail in a case Crime No. 419 of 2007 registered at Police Station Dhoomanganj and lodged by its Station Officer under Section 2/3 of the Uttar Pradesh Gangesters & Anti Social Activities (Prevention) Act, 1986 (herein after referred to as the 'Act').

4. The applicant has been a Member of the State Legislative Assembly, Uttar Pradesh from Allahabad for five consecutive terms and was also a Member of Parliament on a Samajwadi Party ticket.

5. It is alleged in the first information report that while the informant was on patrol, he was informed by the people that the applicant has an organised gang of 11 members, including himself, which indulges in anti social activities for pecuniary gain for its members, jointly and severally and commits offences punishable under Chapters (xvi), (xvii) and (xxii) of Indian Penal Code. It discloses a list of eight cases and mentions that the gang chart was approved by the District Magistrate on 27.9.2007. This information was lodged on 30.9.2007 at the police station at 15 minutes past mid night.

6. It is alleged that the Samajwadi Party and Bahujan Samajwadi Party were in alliance, but in June 1995 the Bahujan Samajwadi Party entered into an alliance with the Bhartiya Janta Party and with its help, Miss Mayawati of the Bahujan Samajwadi Party was installed as the Chief Minister and was asked to prove her majority on the floor of the House on 20th June 1995 but despite requests, the applicant refused to support it, but to the contrary tried to win over other M.L.As. which led to an incident in the State Guest House at Lucknow, whereafter the troubles of the applicant started. Immediately after winning the vote of no confidence on 20th June 1995, a detention order under the National Security Act was passed on 21.6.1995 against the applicant which was subjected to challenge before the Apex Court impleading the Chief Minister in person and making specific allegations against her, but when notices were issued and an interim order was passed, on the next date fixed before the Court, without contesting the allegations, the detention order was withdrawn.

7. It is further alleged that the applicant was also detained invoking National Security Act in case no. 257 of 2002 which was revoked by the Advisory Committee.

8. It is alleged that this persecution continued in all the three tenures of the Bahujan Samajwadi Party's government. It is disclosed in detail in sub-paragraphs (ii), (iii), (iv) of paragraph 9 of the application.

9. It is alleged that earlier also several cases under the Gangsters Act were lodged against the applicant during her tenure, but in all those cases, the applicant was either discharged or a final report was submitted. They are case Crime No. 27 of 2001; case Crime No.89 of 2001; case Crime No. 91 of 2001; case Crime No. 267 of 2002. But he was discharged in all those cases. Another case Crime No. 253 of 2002 under Section 2/3 of U.P. Gangesters Act was lodged and the applicant was arrested on 6th of June 2002, but was again discharged. Yet another case Crime No. 311 of 2002 under Section 2/3 of U.P. Gangesters Act was lodged on 4th of August 2002, but a final report was submitted by the CB CID.

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