Allahabad High Court
Belal vs State Of U.P. on 2 July, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:106889 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21305 of 2024 Applicant :- Belal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
2. By means of this application, applicant Belal, who is involved in Case Crime No. 266 of 2023, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station Dadri, District Gautam Buddh Nagar, seeks enlargement on bail during the pendency of trial.
3. Learned counsel for the applicant submits that five cases have been shown in the gang-chart, in which applicant has already been enlarged on bail. It is further contended that the applicant is in jail since 01.11.2023 and if he is released on bail, he will not misuse the liberty of bail.
4. Learned A.G.A. vehemently opposed the prayer of bail by submitting that there are 21 criminal cases registered against the applicant including the present case. He submits that when earlier bail was granted the condition was that the applicant would not commit any other crime, but subsequently applicant had committed crime and first information report was lodged and he has been enlarged on bail. He further submits that no compliance of Section 19 (4) (b) of U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986 has been done so as to bring before the Court that the applicant would not commit any further crime.
5. After hearing learned counsel for the parties and on perusal of material on record, I am of the opinion that before adverting to decide the bail application a cursory glance of provision of Section 19 (4) (b) of U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986 is necessary for better appreciation of the case, which reads as under;
"Section 19(4)(b):
Where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail."
6. From reading of Section 19 (4) (b), it is clear that before proceeding to grant bail in the Gangster Act, which is a special legislation, and Sub-section (4) of Section 19, which is a non-obstante clause, clearly provides that the Court before granting the bail to record the reasons that applicant would not commit any crime in future.
7. The criminal history of the applicant as given in para 8 of the affidavit to the bail application is as under;
"(i). Case Crime No. 342 of 2022 under section 3/5 of The Uttar Pradesh Prevention of Cow Slaughter Act P.S.- Dadri, District- Gautam Buddh Nagar.
(ii) Case Crime No. 367 of 2022 under section 3/5 of The Uttar Pradesh Prevention of Cow Slaughter Act P.S.- Dadri, District-- Gautam Buddh Nagar.
(iii) Case Crime No. 429 of 2022 under section 3/5 of The Uttar Pradesh Prevention of Cow Slaughter Act P.S.- Dadri, District- Gautam Buddh Nagar.
(iv) Case Crime No 440 of 2022 under section 307, 411, 414, 34 IPC P.S.- Dadri, District--Gautam Buddh Nagar.
(v) Case Crime No. 441 of 2022 under section 3/8 of The Uttar Pradesh Prevention of Cow Slaughter Act and section 8/11 of The Prevention of Cruelty to Animal Act, 1960 P.S.- Dadri, District Gautam Buddh Nagar.
(vi) Case Crime No. 06 of 2019 under section 3/5/8 of The Uttar Pradesh Prevention of Cow Slaughter Act & 11 Animal Cruelity Act, P.S.- Nakhasa, District- Sambhal.
(vii) Case Crime No. 98 of 2019 under section 3/5a/8 of The Uttar Pradesh Prevention of Cow Slaughter Act & 11 Animal Cruelity Act, P.S.- Baniyathar, District- Sambhal.
(viii) Case Crime No. 172 of 2019 under section 3/5a/8 of The Uttar Pradesh Prevention of Cow Slaughter Act & 11 Animal Cruelity Act, P.S.- Baniyathar, District- Sambhal.
(ix). Case Crime No. 263 of 2019 under section 3/5a/8 of The Uttar Pradesh Prevention of Cow Slaughter Act & 11 Animal Cruelty Act, P.S.- Baniyathar, District- Sambhal.
(x). Case Crime No. 97 of 2019 under section 307, 504 I.P.C, P.S.- Pilua, District- Etah.
(xi). Case Crime No. 98 of 2019 under section 25/27 Arms Act, P.S.- Pilua, District- Etah.
(xii) Case Crime No. 100 of 2019 under section 3/8/11 Cow Slaughter Act, P.S.- Pilua, District- Etah.
(xiii) Case Crime No.101 of 2019 under section 411 I.P.C., P.S.- Piluan District- Etah.
(xiv). Case Crime No.131 of 2019 under section 2/3 U.P. Gangester Act, P.S.- Pilua, District- Etah.
(xv). Case Crime No. 101 of 2020 under section 380 I.P.C, P.S.- Baniyather, District- Sambhal.
(xvi). Case Crime No.102 of 2020 under section 307 I.P.C., P.S. Baniyather, District- Sambhal.
(xvii). Case Crime No. 103 of 2020 under section 3/25 Arms Act, P.S- Baniyather, District- Sambhal.
(xviii). Case Crime No.108 of 2020 under section 3 (1) of U.P. Gangester Act, P.S.- Baniyather, District- Sambhal.
(xix). Case Crime No.156 of 2020 under section 188, 269, 270 I.P.C., P.S.- Kotwali, District- Sambhal.
(xx) Case Crime No. 222 of 2020 under section 3/5/8 Cow Slaughter Act and 11 Animal Cruelity, P.S.- Rajpura, District- Sambhal.
(xxi). Case Crime No.123 of 2023 under section 307, 34 I.P.C. and 3/5/8 Cow Slaughter Act and 3/4/25 Arms Act P.S.- Aadampur, District- Amroha."
8. Looking into the long criminal history of the applicant which contains 21 cases under different sections, the Court cannot record its satisfaction in terms of Section 19 (4) (b) of U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986. No case for bail is made out.
9. Bail application is rejected, accordingly.
Order Date :- 2.7.2024 Kushal