Bail under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.

JUDGMENT :

Siddharth, J.

1. Heard Sri Istiyaq Ali, learned counsel for the applicant, Sri Praveen Kumar Srivastava, learned counsel for the informant in base case and the learned A.G.A for the State.

2. The instant bail application has been filed on behalf of the applicant, Maneesh Meena @ Thakur, with a prayer to release him on bail in Case Crime No. 33 of 2023, under Section-2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Fatehganj West, District-Bareilly.

3. Learned counsel for the applicant submits that applicant has been implicated under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 on the basis of single case shown in the gang chart against him being Case Crime No. 26 of 2022, under Sections 302/364/365/386/201/120-B/411 IPC, P.S. Fatehganj West, District-Bareilly, wherein charge sheet has been submitted on 25.02.2023 in the court of C.J.M. Bareilly. He has submitted that apart from one case shown in the gang chart the applicant has criminal history of 28 more cases where he is on bail in most of the cases. Hence, he may be enlarged on bail by this court. Applicant is languishing in jail since 13.01.2023 and before the trial court, after examination of 13 prosecution witnesses, the dates are being fixed for recording of defence evidence. Other co-accused have already been enlarged on bail.

4. Learned counsel for the informant in the base case has vehemently opposed the submissions made by learned counsel for the applicant and has submitted that the applicant along with 7 other persons committed murder of father of informant in base case and also looted 22 kg gold and cash of about Rs. 3 crores, as such, the deponenet lodged a first information report against unknown persons and during investigation of base case, the name of the applicant along with 7 other accused came to light and total recovery of about 12 kg gold and cash amount was made and on the basis of base case, i.e., Case Crime No. 26 of 2022, under Sections- 302, 364, 365, 386, 201, 120-B, 411 IPC, F.I.R under Section 2/3 of Gangster Act was registered against the applicant along with other accused persons.

5. The applicant is having criminal history of 28 cases in four different states, i.e., Uttar Pradesh, Rajasthan, Haryana and Gujarat, and other accused persons were having no criminal history and hence they were granted bail by this Court but the case of the applicant is different from other accused persons. As per Rule 34 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, bail can be granted to an accused only in case of fulfilment of requirements mentioned in sub-section (4) of Section 19 of the Act.

6. As per Section 19(4) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 if the Court is satisfied that there are reasonable grounds for believing that applicant is not guilty of such offence and that he is not likely to commit any offence while on bail, he can be granted bail.

7. As per Section 19(4) of the Act, the applicant is not entitled for bail, as he has committed the offence continuously since 2015, as such there is no certainty that he will not commit any offence after being released on bail. Applicant is not entitled to be released on bail and has given false affidavit regarding the status of the 28 cases registered against him.

8. Learned A.G.A has also opposed the submissions made by learned counsel for the applicant and has submitted that keeping in view the long criminal history of the applicant consisting of 28 cases in four different states, there is possibility of his absconding also. Moreover the trial will conclude