Point of Law: Incomplete and defective gang chart - It is true that there shall not be repetition of case crime numbers as it may attract the vice of double jeopardy, but there is no restriction if any “addenda” is added to the gang chart spelling out his previous criminal antecedents

JUDGMENT :

Rahul Chaturvedi, J.

[1] Heard the submissions of respective learned counsels for the different applicants of their respective bail applications, learned A.G.A and perused the records of the case.

[2] Since all these above mentioned bail applications suffers from same vice of law i.e 'incomplete and defective gang chart' which does not indicate the accused's complete past credentials, giving ample room for miscarriage of justice, resultantly, the accused-applicant tends to be bailed out easily. Additionally, this court purposes to decide all the four bail applications on merits by a common order.

[3] The present order is in two parts, in the earlier part, all the four bail applications are decided on merits and in the later part, there is discussion/judgment on defective gang-chart and its adverse impact on bail as well as trial of the accused concern.

Before deciding the cases on merits, it is imperative to give factual narration of the issue of the respective bail applications :

FACTUAL INTRODUCTION OF BAIL APPLICATIONS:-

[4] Applicant Nishant @ Nishu is behind the bars since 29.9.2020 in connection with Case Crime No. 433/2020 U/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Civil Lines, District Muzaffar Nagar.

[5] Learned Counsel states that the gang chart annexed as Annexure No. 2 to the affidavit shows that Usman @ Sheru is its gang leader and the applicant has been shown as its active member of that gang. Only ONE case is shown in the gang chart to the credit of the applicant at Police Station Civil Lines, District Muzaffar Nagar.

[6] On this, it has been contended by learned counsel that since only one case is shown in the gang chart, having Case Crime No. 306/2020 on which the applicant is on bail. The copy of the bail order is annexed as Annexure No.3 to the affidavit. Thus on the above factual premises, it has been argued that, on account of singular case in which the applicant has already been bailed out and have never misused the liberty of bail. Besides this, it is further submitted that there is no justifiable reason for the prosecution to implicate the applicant in U.P. Gangsters Act by imposing stringent condition and branding the applicant as its gang member. Thus applicant deserves to be bailed out.

[7] Similarly the accused of Bail Application No. 15138/2021, is Amit, the applicant facing incarceration since 16.8.2020 in connection with Case Crime No. 274/2020 U/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Madrak District Aligarh.

[8] Submission advanced by learned Counsel for the applicant, after drawing attention of the court, the gang chart (Annexure No.2) which shows that he is member of a alleged gang and only TWO cases are shown in the chart to his credit. Argued by the counsel for the applicant that he is enjoying his freedom by way of bail in both the cases and has never misused the liberty so granted to him. The bail orders are annexed as Annexure No.3 to the affidavit, and thus, submitted that the applicant deserves to be bailed out in the instant case too.

[9] In this series, yet another case on behalf of KASHISH SRIVASTAV, who is behind the bars since 5.8.2020 in relation to Case Crime No. 290/2020 U/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Cantt, District Prayagraj (Allahabad). After showing the gang chart (Annexure No.2), contention advanced by the learned counsel for the applicant that only FOUR cases are shown in the chart. The applicant is on bail in all the four cases by different courts. Bail orders are annexed as Annexure No.3 to the affidavit. Learned Counsel has toed same lines of arguments as his predecessors and tried to impress upon the court that the applicant too is entitled for bail.

[10] Last case in this chain is on behalf of NAUSHAD, the accused/applicant, who is facing prosecution by way of Case Crime No. 590/2020 U/s 2/3 of U.P. Gangsters and Anti-Social Activit