- (1.) C. P. Mishra, J. Heard Sri Sudhir Kumar Srivastava, Sri Kameshwar Singh, learned Counsel for the applicants and Sri Mewa Lal Shukla, Advocate, learned A. G. A.
(2.) ALL these bail applications relate to the applicants-accused namely Hausla Prasad Pandey, Dharmendra Singh @ Dharmendra Pratap Singh, Subhash Kesarwani and Nanhey Singh who are said to have been committed an offence under Section 2/3 U. P. Gangster and Anti Social Activities (Prevention) Act, 1986, case crime No. 3 of 2003, P. S. Kunda, district Pratapgarh on the basis of the alleged gang chart vide Annexure No. 2 showing their involvement in the aforesaid cases. There are common allegations made against them and learned A. G. A.-Sri Mewa Lal Shukla has made his submission for opposing bail applications moved on their behalf and as such they are taken up together for their necessary disposal by this common order which is being passed in all these bail applications accordingly. It is submitted learned counsel for the applicant-accused-Hausla Prasad Pandey that he has been falsely implicated in this case as per gang chart Annexure Nos. 2 and 3 as they belong to another party and sitting M. L. A. Raghuraj Pratap Singh during election and therefore they have been falsely robed in. So far as, their involvement as per gang chart, there is only one case in case crime No. 30 of 2000, under Sections 395, 297, 447 and 448 I. P. C. , P. S. Kunda; district Pratapgarh is concerned on a complaint made by Smt. Sushila Devi, the applicant has already been granted bail therein by learned Lower Court and in this case, the alleged Gang Leader Rajesh Singh and co-accused Subhash Kesarwani, Dhirendra Singh, Santosh Singh and Ram Anjore have also been granted bail by learned Lower Court vide Annexure Nos. 5 and 6 in this regard. The applicant is also Ex-Gram Pradhan continuously 20 years and also an old man aged about 65 years and is not previous convict. He is in jail since 7-1-2003 and therefore on the ground of parity and other facts as stated above, he is entitled for bail.
(3.) THE other applicant-Dharmendra Singh @ Dharmendra Pratap Singh is also involved in the aforesaid case crime No. 30 of 2000, under Sections 395, 397, 447 and 448 I. P. C. , P. S. Kunda, district Pratapgarh for which the police had also submitted a final report. THE matter, however, was further got opened for its re-investigation and for that also he has been granted bail by learned Lower Court in this regard. Also that the applicant is a respectable citizen and a sitting village Pradhan and also not a previous convict. He is in jail since 7-1-2003 and more so the co-accused-Rajesh Singh said to be so called a gang leader involved in 21 cases has already been granted bail by the learned Lower Court (Special Judge, Gangster Act) vide Annexure-3 and the other co-accused viz. Subhash Chandra Kesarwani, Sonu @ Mohd. Qasim, Dhirendra Singh, Santosh Singh, Ram Ajor Singh who all have been granted bail by the learned Lower Court (Special Judge, Gangster Act) in this connection and therefore, on the ground of parity on the aforesaid facts, the applicant is also entitled for bail. The other applicant-accused-Subhash Kesarwani is said to be involved on the basis of the aforesaid gang chart vide Annexure Nos. 2 and 3 in case Crime No. 68 of 2002, under Section 354 I. P. C. and 3 (1) S. C. /s. T. Act, P. S. Kunda, district Pratapgarh and another case crime No. 129 of 2002, under Sections 364, 342, 506 and 376 I. P. C. , P. S. Kunda, district Pratapgarh and also in case Crime No. 104 of 2002, under Sections 504 and 506 IPC, P. S. Kunda District Pratapgarh in which this applicant has also been granted bail as per facts mentioned in para No. 6 (I to III) showing that the other co-accused on similar facts and allegations have also been granted bail by the learned Lower Court itself for the same.;