Allahabad High Court
Aarif @ Junaid @ Bhoora @ Nonu vs State Of U.P. on 12 July, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Reserved on 04.07.2024 Delivered on 12.07.2024 Neutral Citation No. - 2024:AHC:112064 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22011 of 2024 Applicant :- Aarif @ Junaid @ Bhoora @ Nonu Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh 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 Aarif @ Junaid @ Bhoora @ Nonu, who is involved in Case Crime No. 124 of 2024, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 (hereinafter called as "Gangsters Act"), Police Station Khatauli, District Muzaffarnagar, seeks enlargement on bail during the pendency of trial.
3. The applicant before this Court in the supplementary affidavit has revealed criminal history of 12 cases, which includes cases under the Gangsters Act having been registered in the years 2019 and 2021 being Case Crime Nos.49 of 2019 and 64 of 2021. The criminal history, as given in para 4 of the supplementary affidavit, is as under :
"(1) Case Crime No.269 of 2020, under Sections 147, 148, 49, 307 IPC, Police Station: Meerapur, District: Muzaffarnagar. (2) Case Crime No.270 of 2020, under Sections 3/5A/8 Cow Slaughter Act, Police Station: Meerapur, District: Muzaffarnagar. (3) Case No.1371/9 of 2020 arising out of Case Crime No.272 of 2020 under Section 3/25/27 Arms Act, Police Station Meerapur, District Muzaffarnagar. (4) Case Crime No.273 of 2020, under Sections 420, 467, 468, 471, 414 IPC, Police Station: Meerapur, District: Muzaffarnagar. (5) Case Crime No.64 of 2021, under Section 2/3 U.P. Gangster Act, Police Station: Meerapur, District: Muzaffarnagar. (6) Case Crime No.66 of 2017, under Section 3/5/8 Cow Slaughter Act, Police Station: Phalawada, District: Meerut. (7) Case Crime No.49 of 2018, under Section 307, 420 IPC, Police Station: Falawada, District: Meerut. (8) Case Crime No.50 of 2018, under Section 3, 5ka, 8 Cow Slaughter Act and 3/11 Prevention of Cruelty to Animal Act, 1960, Police Station: Falawada, District: Meerut. (9) Case Crime No.407 of 2018, under Section 307 IPC, Police Station: Falawada District: Meerut. (10) Case Crime No.408 of 2018, under Section 25 Arms Act, Police Station: Falawada, District: Meerut. (11) Case Crime No.657 of 2018, under Section 5A/8 Cow Slaughter Act, Police Station: Mawana, District: Meerut. (12) Case Crime No.49 of 2019, under Section 2/3 U.P. Gangster Act, Police Station: Falawada, District: Meerut."
4. Counsel for the applicant submits that the other co-accused Islamuddin has already been granted bail by the coordinate Bench of this Court on 23.05.2024 in Criminal Misc. Bail Application No.20232 of 2024 having criminal history of eleven cases hence he is also entitled to be released on bail on the ground of parity.
5. Learned A.G.A. states that there are fourteen criminal cases, including the case under the present Gangsters Act, which are as under :
"1-???????-124/2024 ????-2/3 ???????? ???? ???? ????? ???? ?????????? 2-???????-296/2023 ????-379 IPC & 3 /8 CS Act & 3/25 Arms Act ???? ????? ???? ?????? 3-???????-353/2023 ????-307 IPC & 3/5/8 C.S. Act & 3/25/27A Act ???? ????? ???? ?????? 4-???????-269/2020 ????-147, 148, 149,307 IPC ???? ??????? ???? ??????? 5-???????-270/2020 ????-3/5A/8 CS Act ???? ??????? ???? ??????
6-???????-272/2020 ????-3/25/27 Arms Act ???? ??????? ???? ??????
7-???????-273/2020 ????-411,414,420,467,468,471 IPC ???? ??????? ???? ?????? 8-???????-64/2021 ???? 2/3 ???????? ???? ???? ??????? ???? ??????
9-???????-66/2017 ????-3/5/8 CS Act ???? ?????? ???? ????
10-???????-49/2018 ????-307,420 IPC ???? ?????? ???? ????
11-???????-50/2018 ????- 3/5A/8 CS Act ???? ?????? ???? ????
12-???????-407/2018 ????-307 IPC ???? ?????? ???? ????
13-???????-408/2018 ????-25 Arms Act ???? ?????? ???? ????
14-???????-49/2019 ???? 2/3 ???????? ??? ???? ?????? ???? ?????"
6. It is further contended by A.G.A. that Gangsters Act was earlier imposed upon the applicant in the years 2019 and thereafter 2021 being Case Crime Nos.49 of 2019 and 64 of 2021. After the applicant having been released on bail has again committed offences in the years 2020 and 2023.
7. Having heard the counsel for the parties and after perusing the material on record, I find that excluding the present case, the applicant has a long criminal history of thirteen criminal cases. Moreover, twice Gangsters Act has been imposed upon the applicant being Case Crime Nos.49 of 2019 and 64 of 2021.
8. Section 19(4)(b) of Gangsters Act 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."
9. From the reading of the above provision as well as looking to the long criminal history of thirteen cases, this Court cannot record its satisfaction that the applicant will not commit any crime once he is enlarged on bail.
10. Further, the applicant cannot be granted parity with the other co-accused Islamuddin as the bail order passed in Criminal Misc. Bail Application No.20232 of 2024 dated 23.05.2024 does not reveal the fact that earlier Gangsters Act was imposed upon Islamuddin and he was released on bail. However, in the instant case, twice the Gangsters Act was imposed upon the applicant in the years 2019 and 2021 and after being released on bail in both the cases, the applicant had again committed crime in the year 2020 and thereafter in 2023. The parity as claim cannot be extended to the applicant as his case is distinguishable from that of Islamuddin.
11. Considering the facts and circumstances of the case that releasing the applicant on bail would be a threat to the society at large, no case for bail is made out.
12. Bail application stands rejected.
Order Date :- 12.7.2024 Kushal