JUDGMENT :

1. Present application under Section 439 Code of Criminal Procedure, 1973 has been filed by the accused-applicant seeking bail in FIR No.0309 of 2021 registered against the accused-applicant and another co-accused under Sections 120B, 167, 195A, 218, 306, 504 and 506 IPC, Police Station Hazratganj, District Lucknow.

2. The accused-applicant is a Member of Parliament, who got elected on symbol of Bahujan Samajwadi Party from Ghosi Lok Sabha Constituency of Uttar Pradesh in 2019 General Elections of Lok Sabha.

3. The accused-applicant to his credit so far has 23 criminal cases, which include cases of kidnapping, murder, rape and other heinous offences. List of those cases including the present one and their status has been given in para 38 of the affidavit filed in support of the present bail application. The cases to the credit of accused-applicant which are given in para 38 of the affidavit are reproduced hereunder:-

“(i) Case Crime No.Nil, under Sections U.P. Gangsters Act, P.S. Lanka, District Varanasi;

(ii) Case Crime No.Nil, under Sections 66E I.T. Act, 120B IPC,

(iii) Case Crime No.209 of 2011, under Sections 307, 333, 120 IPC, 7 C.L.A. Act, P.S. Cantt, Varanasi;

(iv) Case Crime No.396 of 2011, under Sections 364, 302, 120B IPC, P.S. Cantt, Varanasi;

(v) Case Crime No.211 of 2011, under Sections 386, 504 IPC, 7 C.L.A. Act, P.S. Cantt, Varanasi; (vi) Case Crime No.397 of 2011, under Sections 307, 353, 333, 338, 224, 225, 419, 120B IPC, 7 C.L.A. Act, P.S. Cantt, Varanasi;

(vii) Case Crime No.401 of 2011 under Sections 147, 148, 149, 307, 120B IPC, P.S. Cantt, Varanasi;

(viii) Case Crime No.356 of 2011, under Sections 3(1) U.P. Gangsters Act, P.S. Cantt, Varanasi;

(ix) Case Crime No.511 of 2011, under Sections 3(1) U.P. Gangsters Act, P.S. Cantt, Varanasi;

(x) FIR No.185 of 2018, under Sections 364, 504 and 506 IPC, P.S.Cantt, Varanasi;

(xi) Case Crime No.881 of 2006 under Sections 376, 420, 504, 506 IPC, P.S.Phulpur, Varanasi;

(xii) FIR No.548 of 2019, under Sections 376, 540, 506, 504 IPC, P.S.Lanka, Varanasi;

(xiii) Case Crime No.834 of 2017, under Sections 147, 148, 307, 342 IPC, P.S. Lanka, Varanasi;

(xiv) Case Crime No.09 of 2009, under Sections 342, 386, 504, 506, 427 IPC, P.S.Manduadeeh, Varanasi;

(xv) Case Crime No.11 of 2009, under Section 3/25 Arms Act, P.S. Manduadeeh, Varanasi;

(xvi) Case Crime No.76 of 2009, under Sections 3(1) U.P. Gangsters Act, P.S. Manduadeeh, Varanasi;

(xvii) Case Crime No.261 of 2010, under Section 110G Act, P.S. Manduadeeh, Varanasi;

(xviii) Case Crime No.211 of 2011, under Sections 3/25 Arms Act, P.S.Rohaniya, Varanasi;

(xix) Case Crime No.17 of 2011, under Sections 147, 148, 149, 302, 120B IPC, P.S. Rohaniya, Varanasi;

(xx) Case Crime No.545 of 2009, under Section 3(1) U.P. Gangsters Act, P.S.Rohaniya, Varanasi;

(xxi) Case Crime No.485 of 2009, under Sections 147, 148, 323, 504, 427, 452 IPC, P.S. Rohaniya, District Varanasi;

(xxii) Case Crime No.203 of 2009, under Sections 504, 506 IPC, P.S. Rohaniya, Varanasi; and

(xxiii) Case Crime No.225A of 2003, under Sections 147, 323, 504, 506 IPC, P.S. Rohaniya, Varanasi.”

4. It is stated in para 38 of the affidavit that out of 23 cases, only 12 are still pending against the accused-applicant. The close scrutiny of the averments of para 38 of the affidavit would reveal that though the accused-applicant has secured acquittal in some of the cases against him but some of the heinous cases including murder and rape etc., are still pending against him in the Courts.

5. The background of the present case is that a case was registered against the accused-applicant being FIR No.548 of 2019 under Sections 376, 420, 406, 506 IPC at Police Station Lanka, District Varanasi on a complaint by the victim, who later on attempted to commit suicide along with her friend within the precincts of the Supreme Court India on 16.08.2021. They were admitted in very serious and critical conditions in Ram Manohar Lohia Hospital, New Delhi and later on died on 21.08.2021 and 24.08.2021