Vijay Kumar Verma, J. - (1.) IN all these bail applications, prayer for bail has been made on behalf of applicants named above in case Crime No. 342 of 2008, under sections 419, 420, 342, 308, 321, 506 IPC, and section 18/27 Drugs and Cosmetics Act and 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S Shahpur, District Gorakhpur.
(2.) ALL the five bail applications are being disposed of by this common order for the sake of convenience, as they all arise out of the same crime number. An FIR was lodged by SI Lal Ji on 15.03.2008 at 9.30 p.m. at P.S. Shahpur, District Gorakhpur, where a case under sections 419, 420, 342, IPC and section 18/27 Drugs and Cosmetics Act as well as section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986 was registered against 1. Dhananjay Singh 2. Julfkar Ali Haidar 3. Rajan Singh 4. Jitendra Kumar Tiwari 5. Ram Lakhan Dubey 6. Pappu Yadav 7. Jayant Kumar 8. Kripa Shankar Mishra and 9. Arun Kumar. The allegations made in the FIR, in brief, are that during the course of checking suspected persons at Khanjanchi Chauraha, Gorakhpur on 15.03.2008, an information was received by SI Lalji, who was accompanied by SI Chandrika Yadav, SI Chauthi Ram Yadav and other police personnel, that some persons are quarreling in front of Bans Mandi. When the police personnel reached there, an informer informed SI Lalji that in the house of Pappu Yadav some persons are indulging in illegal activity of extracting blood in small rooms having tin sheds. On this information a raid was made at about 4.30 p.m. at the house of Pappu Yadav situated in Mohallah Chorpurawa, Rajnagar Gorakhpur in north-east of bypass road. During the course of raid, five persons, namely, Dhananjay Singh, Julfikar Ali Haidar, Rajan Singh, Jitendra Kumar Tiwari and Ram Lakhan Dubey met there. They were found indulged in the process of extracting blood. Certain instruments of extracting blood were also recovered from the tin shed room situated in backside of house. On personal search of Dhananjay Singh, 29 empty packets, which are used for filling blood, were recovered. The accused Julfikar Ali Haidar was found extracting blood having a packet containing blood. One blood pressure measurement machine was also recovered from him. From the bag carried by the accused Rajan Singh in his right hand, 5 packets of blood were recovered. The accused Jitendra Kumar Tiwari was having two packets of blood in his right hand. Accused Ram Lakhan Dubey was hanging a bag of aasmani colour on his shoulder. The person whose blood was being extracted told his name Subhash Dash s/o Santosh Dash, r/o Shastri Bridge, P.S. Balpar, District Jabalpur (M.P.). He told that some other persons also have been confined by Pappu Yadav in different rooms and their blood is extracted 8-10 times in a month, in lien of which assurance to pay Rs. 300/- is given. During the search of other rooms, some other persons, namely, Raju Yadav, Ramshankar, Roshan Khan, Pradeep Kumar, Raju, Durga Prasad, Sundar, Raju Math, Mohan Shahni, Ram Ji, Jagdish, Surendra Srivastava, Rajesh Tewari, Mustafa and Hari Kamal also met there, who told that they have been brought by Pappu Yadav on the pretext of giving employment, but their blood is being extracted. It was also told by those persons that in this illegal activity of extracting blood, one Jayant Sarkar s/o unknown of A.K. Pathology, Gudaghat and Kripa Shankar Mishra, Lab Technician, Medical College Gorakhpur as well as Arun Kumar s/o Ram Kishun Dubey, r/o Sitla Nursing Home, blood supplier, Gorakhpur are also indulged, who come here. All the accused persons who were present there, were arrested and they were brought to P.S. Shahpur, where a case was registered at Crime No. 342 of 2008. I have heard arguments at length of the learned counsel for the applicants and AGA Sri Mewa Lal Shukla appearing for the State and perused the entire record carefully.
(3.) FIRST, I take up the bail application bearing number 24975 of 2008, which has been moved on behalf of the applicant-accused Sanjay Kumar Pandey. Regarding the complicity of this applicant in the alleged illegal activity of extracting blood forcibly without having any licence, it was submitted by his learned counsel that this accused was not named in the FIR, although it was lodged after a long gap from the time of alleged arrest of other accused persons. It was also submitted by the learned counsel that the donors of blood, who were found present in the house of Pappu Yadav, also did not tell the name of the applicant Sanjay Kumar Pandey to the police at the time of incident. It was further submitted by the learned counsel that in the statements of the witnesses, parentage and identity of the applicant Sanjay Kumar Pandey has not been disclosed and since the applicant was not put to identification during the course of investigation in Test Identification Parade, hence the applicant deserves to be released on bail on this ground, because on the basis of the statements of the donors of blood, the identity of the applicant Sanjay Kumar Pandey is not established. It was also submitted in this context that statements of the donors were recorded under section 164 Cr.P.C. also, but neither in their statements recorded under section 161 Cr.P.C. nor in the statements under section 164 Cr.P.C., complete identity of the applicant Sanjay Kumar Pandey has been disclosed and hence it can not be said with certainty that it was the applicant Sanjay Kumar Pandey, who is alleged to have been indulged in the illegal activity of extracting blood. It was also submitted by the learned counsel that no incriminating article for extracting blood or using in that process was recovered from this accused. Regarding the complicity of the applicant Sanjay Kumar Pandey, it was contended by learned AGA that name of this accused also has figured in the statements of the donors of blood and hence in this heinous crime of illegal activity of extracting blood, the applicant should not be released on bail.;