HONBLE JAYANT BANERJI,J. - (1.) This bail application has been filed to release the applicant on bail in case crime no. 469 of 2012 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Sihani Gate, District Ghaziabad.
(2.) The FIR dated 14.5.2012 was lodged by the Station Officer of P.S. Sihani Gate, District Ghaziabad against the applicant and others alleging offences under the provisions of UP Gangsters Act. It states that on seeing the records of the police station and the recommended gang chart it came to light that within the jurisdiction of the police station there is an organized gang of Vikas @ Vikki r/o Rohtak (Haryana), who is the gang leader, who, along with other accused persons, namely, Mukesh @ Sonu @ Sunil r/o Kasala and Yogesh Sangwan @ Seetu (the applicant) r/o Sarai Aurangabad, P.S. Bahadurgarh, District Jhajjar (Haryana), for purposes of their own and their families livelihood, collect money by committing murder, dacoity and heinous offences. Their gang has terrorized people who are afraid to appear as witnesses against them. The gang members are habitual offenders of offences under Chapter 16, 17 and 22 of the IPC. That, details of the offences committed by their gang are as follows: (1) Case Crime No. 522 of 2011 under Secton 302/120B IPC, in which it was revealed that the aforesaid Vikas @ Vikki and Mukesh @ Sonu had taken money from the applicant-accused to commit murder. During investigation it came to light that after taking Rs. 2,00,000/-, the murder was carried out and further Rs. 2,00,000/- was promised to be given later. During investigation the involvement of the applicant-accused came to light and they were chargesheeted. (2) Case Crime No. 504, 505 of 2011 under Section 307 IPC r/w Section 25 of the Arms Act. (3) Case Crime No. 20 of 2010 under Sections 394/397 IPC and Section 25/54/59 of the Arms Act. (4) Case Crime No. 58 of 2007 under Section 302, 452, 324/34 IPC, the complainant of which was shot in his right leg by motorcycle-borne persons while he was opening his shop and a bag containing goods was robbed from him, during the investigation of which case the name of Vikas @ Vikki and two other associates came to light which matter is pending trial. That, gang leader Vikas @ Vikki, from time to time, changes his associate criminals to commit offences. Therefore, the gang chart against the gang leader Vikas @ Vikki that was recommended by the District Magistrate, Ghaziabad was found to be correct, investigation and therefore necessary action is required to be taken in public interest under Section 2/3 of the Gangsters Act.
(3.) In the first supplementary affidavit filed on behalf of the applicant, the deponent who is the nephew of the applicant stated that at the time of bail notice the deponent was not aware of the criminal history of the applicant and therefore nothing was mentioned in the criminal history of the applicant-accused. It is further stated that the deponent has come to know that the applicant-accused has seven cases in his criminal history which are as follows:- (A) FIR No. 22 of 1999 under Section 302, 201, 34 IPC, P.S. Kanjhawala, Delhi, in which the applicant was acquitted. (B) FIR No. 102 of 2002 under Section 302, 201, 34 IPC, P.S. Jhajjar, Haryana in which the applicant has been acquitted. (C) FIR No. 117 of 2003 under Section 148, 186, 353, 307, 34 IPC and Section 25/27 of the Arms Act in which he was acquitted. (D) FIR No. 159 of 2003 under Section 186, 353, 307, 34 IPC and Section 25/27/54 of the Arms Act, P.S. City Bahadurgarh, Haryana in which the applicant was acquitted. (E) FIR No. 43 of 2006 under Section 302, 34 IPC, P.S. Bahadurgarh, Haryana in which the applicant was acquitted by the trial court. (F) FIR No. 239 of 2008 under Section 302, 34 IPC, P.S. Bahadurgarh, Haryana in which the applicant was acquitted by the trial court. (G) FIR No. 699 of 2018 under Section 307 IPC, P.S. Bahadurgarh, Haryana in which the applicant has been granted bail. ;