IMPORTANT POINT
The court clarified that the accused, already on bail under certain sections, cannot be allowed to furnish bail bond in a non-bailable offence under the Special Act, instead of seeking regular bail under Section 439 Cr.P.C.

JUDGMENT :

1. Heard Mr. G. S. Chaturvedi, learned Senior Advocate assisted by Mr. Ajatsatru Panday learned counsel for the applicant, Mr. A.K. Sand, learned Government Advocate, assisted by Mr. J.K. Upadhyay, Mr. Rabindra Kumar Singh and Mr. Deepak Mishra, learned Additional Government Advocates for the State of U.P. and perused the record.

Relief

2. The instant application under Section 482 Cr.P.C. has been preferred by the applicant for staying the order dated 01.11.2023 passed by the 7th Additional District and Sessions Judge/Special Judge (M.P./M.L.A.) Basti as well as for staying the further proceeding of S.T. No. 02 of 2022 (State versus Shivam @ Ram Yagya and others), arising out of case crime no. 1207 of 2001, under Sections 363, 364, 364A, 216A, 212, 120B IPC and Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Basti, pending in the Court of 7th Additional District and Sessions Judge /Special Judge (M.P. /M.L.A.), Basti.

Facts of this case

3. This is old matter of the year 2002. Brief facts of the case which are required to be stated in chronological order as pointed out by the learned counsel for the parties are as follows:

3.1. On 06.12.2001, a first information report was lodged by one Dharmraj Maddheshiya against some unknown persons alleging inter-alia that as usual, today my son Rahul Maddheshiya left the house for school at around 07:45 am on a bicycle in gray coloured pant, white long sleeves shirt, maroon coloured half sweater and blazer. When he reached in front of Dr. Ramkumar Gupta’s house, some people suddenly came in a white coloured Maruti Car and started forcing him to sit in car. When he protested, they beat him up, forced him to sit in car and ran away. Many people present there have seen the incident. Said report was registered as Case Crime No. 1207 of 2001, under Section 364 I.P.C. at Police Station Kotwali, District Basti.

3.2. In above case after culmination of investigation charge-sheet No. 25 of 2002 dated 26.01.2002 under Sections 364, 364A, 216A, 212, 120B I.P.C. was filed against the applicant-Amar Mani Tripathi by the investigating officer in the Court of Chief Judicial Magistrate, Basti. The applicant-Amar Mani Tripathi surrendered in the above case crime no. 1207 of 2001 before the concerned court below and his bail application was rejected by the Special Judge, E.C. Act, Basti vide order dated 30.01.2002. Subsequently he had been granted bail by the High Court vide order dated 01.02.2002.

3.3.After approval of gang chart on 05.01.2002 by the District Magistrate, charge sheet No. 25A dated 30.05.2002 under Sections 364, 364A, 216A, 212, 120B I.P.C. and Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was filed against co-accused Sandeep Tripathi, Hanuman Shukla, Shivam alias Ram Yagya, Ajay Mishra, Mainesh Sharma and Anand Singh in the Court of Special Judge (Gangster Act), Gorakhpur.

3.4.When new District Magistrate, took over charge in district Basti, he directed to prepare revised gang chart of all the accused persons, who were involved in case crime no. 1207 of 2001. Accordingly fresh gang chart of all the accused namely Amar Mani Tripathi, Sandeep Tripathi, Hanuman Shukla, Shivam Shukla, Ajay Mishra, Nainesh Sharma, Anand Singh, Ramvilas, Jag Prasad Verma and Santosh Shukla was prepared by senior Sub-Inspector Kotwali, Basti on 30.06.2002, which was recommended by then Superintendent of Police, Basti on 15.07.2002 and finally approved by the District Magistrate on 02.09.2002.

3.5.After aforesaid approval dated 02.09.2002, charge-sheet no. 25B dated 26.10.2002 under Sections 364, 364A, 216A, 212, 120B I.P.C. and Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was filed against co-accused Ram Vilash and Jag Prasad in the Court of Special Judge (Gangster Act) Gorakhpur.

3.6. Thereafter a separate charge-sheet no. 25C dated 26.10.2002 under Section 3(1) of U.P. Gangste