Allahabad High Court
Roop Singh @ Bhoora And 2 Others vs State Of U.P. on 7 February, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 43979 of 2019 Applicant :- Roop Singh @ Bhoora And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anand Bhaskar Srivastava,Kartikeya Saran Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
The personal affidavit of S.S.P. Lalitpur filed today by learned A.G.A. and rejoinder affidavit filed by learned counsel for the applicant are taken on record.
Heard Sri Kartikeya Saran, learned counsel for the applicant and Sri A.R. Chaurasia, learned A.G.A. for the State.
The first bail application of the applicant was rejected by this Court vide order dated 29.5.2019, hence this second bail application has been moved on behalf of the applicant.
Learned counsel for the applicant submits that as per the personal affidavit filed by the S.S.P., so far as applicant no. 1 Roop Singh @ Bhoora is concerned, 79 cases have been shown against him out of which 15 cases are pending trial and in five cases, the applicant has been convicted for various offences under the Indian Penal Code and in one case under the U.P. Goondas Act, externment order has also been passed and in rest of the cases, either he has been acquitted, proceedings have been dropped and final report has been submitted. So far as applicant no. 2 Santosh is concerned, against him 34 cases have been shown out of which nine cases are pending trial and in nine cases he has been convicted for various offences under the Indian Penal Code including Gangster Act and in one case externment order has been passed against him and lastly against applicant no. 3 Rakesh @ Rakkhu 15 cases have been shown out of which in three cases he has been convicted for the offence under the Indian Penal Code and 110G Cr.P.C.. He further argued that all the three applicants are real brothers and due to some political rivalry they have been falsely implicated in the present case. The applicants are in jail since 9.5.2019.
Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that there appears to be long criminal history of applicant nos. 1 and 2 and they have been convicted under the Gangster Act and offence under the Indian Penal Code and also under section 110G Cr.P.C. and 107/116 Cr.P.C. He submitted that the criminal history of the applicant and the cases are pending trial against all the applicants to show that they are men of criminal antecedents and they are required to be prosecuted under the U.P. Gangster Act.
From a perusal of the criminal antecedents which have been disclosed and annexed in the personal affidavit of Superintendent of Police, Lalitpur dated 22.1.2020 shows that there is a long criminal history of applicant no. 1. He has been convicted under the U.P. Gangster Act earlier along with offence under the Indian Penal Code in case crime no. 127A of 2000 under sections 147, 342, 323, 504, 506 I.P.C., case crime no. 259 of 2002 under sections 147, 149, 307, 325, 323, 504, 506 I.P.C. and sentenced for three years imprisonment with a fine of Rs. 500/- and case crime no. 412 of 2007 under section 2/3 U.P. Gangster Act and sentenced for two years R.I. with a fine of Rs. 500/- and further in case crime no. 502 of 2008 under section 60 Excise Act with a fine of Rs. 2000/- and in default of payment of fine six moths imprisonment. An externment order was also passed against him in the year 1998 under section 3/4 U.P. Goondas Act and in the year 2005 also for three months externment respectively. Similarly applicant no. 2 Santosh was convicted in case crime no. 259 of 2002 under sections 147, 149, 307, 325, 323, 504, 506 I.P.C. and sentenced for three years imprisonment with a fine of Rs. 500/-, case crime no. 387 of 2007 under section 2/3 U.P. Gangster Act and further he was convicted on several occasions under section 110G Cr.P.C. and 107/116 Cr.P.C. and so far applicant no. 3 Rakesh @ Rakkhu is concerned, he was convicted in case crime no. 259 of 2002 under sections 147, 149, 307, 325, 323, 504, 506 I.P.C. and also convicted under section 110G Cr.P.C. The order granting bail to the co-accused Jitendra by Co-ordinate Bench of this Court does not disclose whether he has been convicted and sentenced in cases which have been registered against him and which the same considered while granting bail to him. The case law which has been relied upon in the said order granting bail goes to show that the facts of that case are distinguishable from the present case which is under the U.P. Gangster Act. So far as bail granted to co-accused Pushpendra is concerned, it does not show that the said accused was also convicted under the U.P. Gangster Act or not and for other offences under the Indian Penal Code, hence the order granting bail to the accused Jitendra and Pushpendra cannot be taken into account for grant of bail to the applicants.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicants Roop Singh @ Bhoora, Santosh and Rakesh @ Rakkhu involved in Case Crime No. 01 of 2019 under sections 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, police station Banpur, District Lalitpur.
Accordingly, the bail application is rejected.
It has been pointed out that the investigation of the present case is still pending. The Investigating Officer of the present case is directed to conclude the investigation of the present case and submit the police report strictly in accordance with law before the Court expeditiously.
Order Date :- 7.2.2020 Shiraz