JUDGMENT :

DINESH KUMAR SINGH, J.

1. Heard Sri Arun Sinha, learned counsel for the applicant and Sri V.K. Shahi, learned Additional Advocate General assisted by Sri Anurag Varma, learned A.G.A. and perused the record.

2. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No. 369 of 2021, under Sections 419, 420, 467, 468, 471, 120-B, 177 and 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali Nagar, District Barabanki after the bail application of the accused-applicant has been rejected by the Special Judge (MP/MLA)/Additional District Judge, Court No. 4, Barabanki on 13.12.2021 in Bail Application No. 2824 of 2021.

3. As per the allegations in the FIR, an ambulance bearing registration no. UP 41 AT 7171 was registered in the Road Transport Office, Barabanki on 21.12.2013 in the name of Dr. Alka Rai R/o 56, Rafi Nagar, Barabanki. A letter was submitted that the said ambulance would be attached to Sanjeevani Hospital and Research Center Private Limited, National Highway-24, G.T. Road, Mau. However, on 1.4.2021 it came to the notice that the said ambulance was being run without fitness and insurance as the fitness of the said ambulance got expired on 31.1.2017. The Road Transport Office issued notice on 23.1.2020 to the alleged owner of the said ambulance on the address, which was given at the time of registration of the vehicle. At the time of registration, the said vehicle got registered in the name of Dr. Alka Rai, 56, Rafi Nagar, Barabanki, for which the relevant papers such as Voter Identity Card of the said address were submitted and the Registration Officer believing the genuineness of the documents submitted, registered the said vehicle to the address given at the time of registration. However, it was found that the said Voter Identity Card was forged and fabricated document. There was no such address of 56, Rafi Nagar, Barabanki, but there was an address in nearby locality, House No. 56, Abhay Nagar and in the said house, one Pradeep Mishra was living with his family. It was said that no one in the name of Dr. Alka Rai ever lived in Rafi Nagar or Abhay Nagar, and the papers submitted at the time of registration of the said ambulance were forged and fabricated documents.

4. This FIR was registered against co-accused, Dr. Alka Rai. However, during the course of investigation, the name of the accused-applicant figured, and it was found that the real beneficiary and user of the said vehicle was the present accused-applicant and he got the said vehicle purchased in the name of Dr. Alka Rai by pressurizing her and the payment was allegedly made by him.

5. It has been submitted on behalf of the State that the accused-applicant is a known Mafia, Don and Gangster. He has been elected five times for the Legislative Assembly of the Uttar Pradesh from Mau Constituency and three times while he was in jail. His name is well known in the crime world and he is the biggest ‘bahubali’ of the State of Uttar Pradesh. He has created an empire in the crime world with the proceeds of crime. To his credit, there are as many as 56 criminal cases, in which 14 are murder cases under Section 302 along with 364-A and 307 IPC etc. Other cases are also for commission of the serious offences by him. He enjoys the image of Robin-hood and because of his terror, witnesses do not date to depose against him, and if someone dares, he would be finished.

6. The criminal history of the accused-applicant, which has been placed on record along with supplementary counter affidavit on behalf of the State, is extracted herein-under:

“1. NCR No. 219 of 1978, under section 506 IPC

2. Case Crime No. 169 of 1986, under Section 302 IPC

3. Case Crime No. 106 of 1988, under Section 302 IPC

4. Case Crime No. 410 of 1988, under Sections 147, 148, 149, 302 and 307 IPC

5. NCR No. 233 of 1988, under Sections 504 and 506 IPC

6. Case Crime No. 124 of 1990, under Sections 364, 395 and 397 IPC

7. Case Crime No. 399 of 1990, under Sections 1