Ashok Srivastava - (1.) THIS bail application has been moved on behalf of Ramu alias Arun Kumar Pandey, who is involved in Case Crime No. 153 of 2006 under Section 2/3 of the U. P. Gangster and Anti-Social Activities (Prevention), Act, 1986 (for short the 'Act'), P.S. Charwa district Kaushambi.
(2.) AN F.I.R. was lodged by the Station Officer of Police Station, Charwa, district Kaushambi on 15.8.2006 against the applicant under Section 2/3 of the U. P. Gangster Act. The applicant is detained in this crime number since 28.10.2006. According to the gang chart submitted by the State, there are 12 cases pending against him under various sections of various Acts and at various police stations. Out of these 12 cases, five cases are under Section 307, I.P.C. one case is under Section 395/397, I.P.C., one case is under Section 2/3 of the U. P. Gangster Act, one case is under Section 302, I.P.C. one case is under Section 18/20, N.D.P.S. Act and other cases are under Section 25, Arms Act and other Sections of Indian Penal Code. It is submitted by the learned counsel for the applicant that the accused-applicant is in jail since 28.10.2006, that he is innocent and he has been falsely implicated by the police, his enemies and political rivals in a number of false cases, that the cases shown at Case Crime No. 279/04 under Section 398/302, I.P.C. and at Case Crime No. 71/2003 under Section 307, I.P.C. Police Station, Kokhraj, have resulted in acquittal. It has further been submitted that in the remaining cases he is on bail. It has further been submitted that he is neither a gangster nor he is a member of any such gang and he has been falsely implicated in all the cases as the police wants to harass him. In the end the applicant has prayed for bail. The bail application has been vehemently opposed by the learned A.G.A. A counter-affidavit has been filed in which it has been mentioned that the Case Crime No. 71/03 under Section 307, I.P.C. P.S. Kokhraj district Kaushambi is still pending alongwith other cases. It has also been submitted that the accused has a long criminal history behind him ranging from 1996 to 2006, that he is involved in various cases of police stations Soraon and Shiv Kutti of district Allahabad and Police Station Kokhraj and Charwa of district Kaushambi. It has also been submitted by the learned A.G.A. that no bail order or judgment of acquittal has been filed from the side of the applicant.
(3.) I have heard the learned counsel for the parties and perused the records. Admittedly, the accused has behind him a long history of criminal cases which are under Sections 302, 307, 395, 396 and 398, I.P.C. and cases under Sections of N.D.P.S. Act and Gangster Act.;