IMPORTANT POINT
The court established that a single incident does not suffice to classify an individual as a 'Goonda' under the U.P. Control of Goondas Act, necessitating evidence of habitual offending.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

2. The petitioner has approached this Court with a prayer to quash the impugned show-cause notice dated 6.3.2024 issued by respondent No. 2, Additional District Magistrate (Administration), District-Moradabad.

3. The petitioner has been implicated in the present proceedings on account of his implication in Case Crime No. 282 of 2023 under Section 376 I.P.C., P.S.-Mainather, District-Moradabad and three beat reports.

4. Learned counsel for the petitioner has submitted that in Case Crime No. 282 of 2023, he was granted bail by this Court vide order dated 8.11.2023 passed by this Court in Criminal Misc. Bail Application No. 47674 of 2023 which is reproduced herein-below:

“Heard learned counsel for the applicant; Ms. Ruchi Singh, learned counsel for the informant learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Umair, with a prayer to release him on bail in Case Crime No. 282 of 2023, under Section 376 IPC, Police Station Mainather, District-Moradabad during pendency of trial.

Learned counsel for the informant prays for and is granted two days' time to file counter-affidavit.

Put up this case on 21.11.2023 as a fresh case.

Learned counsel for the applicant has submitted that in the statement of the victim recorded under Section 164 Cr.P.C she has admitted her long physical relationship with applicant. Both are well known to each other. It is a case of consent. He has no criminal history to his credit and is languishing in jail since 26.9.2023.

Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant, but have not disputed the aforesaid statement made by learned counsel for the applicant.

Considering the rival submissions and totality of facts and circumstances of the case, applicant is directed to be enlarged on interim bail till the date fixed.

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil v. C.B.I. and another, passed in S.L.P. (Crl.) No. 5191 of 2021, judgment dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail till the date fixed on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions that :

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

(v) The appl