Allahabad High Court
Harish Alias Chhotu Alias Abdula vs State Of U.P. on 19 November, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:181130 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22915 of 2024 Applicant :- Harish Alias Chhotu Alias Abdula Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
2. By means of the present bail application, the applicant seeks bail in Case Crime No. 562 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Nizamabad, District- Azamgarh, during the pendency of trial.
3. The applicant, before this court, has a long criminal history of 33 cases apart from the case registered under the Gangster Act being Case Crime No. 562 of 2023.
4. This is the sixth time that Gangster Act has been imposed upon the applicant. In the year 2019, for the first time, Gangster Act was imposed upon the applicant and Case Crime No. 399 of 2019 was registered against him. He was released on bail and satisfaction was recorded under Section 19(4)(b) of the Act that he would not commit any further crime.
5. Thereafter, second time Gangster Act was imposed in the year 2020 being Case Crime No. 134 of 2020. The applicant was enlarged on bail in the said case also. Thereafter, Gangster Act was imposed upon the applicant for the third and fourth time in the year 2021 being Case Crime No. 49 of 2021 and Case Crime No. 129 of 2021. Fifth time Gangster Act was imposed in the year 2022 being Case Crime No. 299 of 2022.
6. This is the sixth time that Gangster Act has been imposed upon the applicant. The criminal history of the applicant is as follows:-
"(i) Case Crime No. 372/2023 Under Section 307/34 Of I.P.C. Police Station Jahanaganj District Azamgarh.
(ii) Case Crime No. 203/2018 Under Section 307 I.P.C. Police Sta Station Devgaon District Azamgarh.
(iii) Case Crime No. 46/2022 Under Section 380 Of I.P.C. Police Station-Nizamabad District Azamgarh.
(iv) Case Crime No. 134/2020 Under Section 3 (1) Of U.P. Gangester Act, Police Station-Phoolpur, District- Azamgarh.
(v) Case Crime No. 46/2020 Under Section 34, 307 Of I.P.C., Police Station- Phoolpur, District- Azamgarh.
(vi) Case Crime No. 91/2022 Under Section 3/5A/8 Of Cow Slaughter Act And Section 11 Of Animal Cruelty Act, Police Station- Phoolpur District- Azamgarh.
(vii) Case Crime No. 279/2019 Under Section 34,307,336 Of I.P.C Police Station- Phoolpur, District Azamgarh.
(viii) Case Crime No. 299/2022 Under Section 3(1) Of U.P. Gangster Act, Police Station- Phoolpur, District- Azamgarh.
(ix) Case Crime No. 191/2018 Under Section 395,412 Of 1.P.C. Police Station Devgaon, District- Azamgarh.
(x) Case Crime No. 31/2021 Under Section 379,412 Police Station Nizamabad, District Azamgarh.
(xi) Case Crime No. 97/2022 Under Section 3/5A/8 Of Cow Slaughter Act And Section 11 Of Animal Cruelty Act, Police Station- Phoolpur, District Azamgarh.
(xii) Case Crime No. 109/2022 Under Section 420,467,468,471 Of I.P.C. Police Station- Phoolpur, District- Azamgarh.
(xiii) Case Crime No. 266/2022 Under Section 411,414,473 Of I.P.C., Police Station- Phoolpur, District- Azamgarh.
(xiv) Case Crime No. 289/2019 Under Section 307,326,411,413,414,467,468 Police Station- Phoolpur, District- Azamgarh.
(xv) Case Crime No. 88/2017 Under Section 379, 411 Of I.P.C. Police Station Sarainmeer, District- Azamgarh. (xvi) Case Crime No. 89/2017 Under Section 411 Of I.P.C. Police Station Sarainmeer, District- Azamgarh. (xvii) Case Crime No. 292/2019 Under Section 34 Of I.P.C. Police Station-Phoolpur, District- Azamgarh. (xviii) Crime Case No. Under 48/2020 Sections 411,413,414,419, 420, 467, 468,471,4 74 Of I.P.C. Police Station- Saraimeer, District- Azamgarh. (xix) Case Crime No. 136/2018 Under Section 379 Of I.P.C. Police Station-Tarva, District- Azamgarh. (xx) Case Crime No. 443/2018 Under Section 380.411 I.P.C. Police Station- Cholapur, District- Varanasi. (xxi) Case Crime No. 447/2018 Under Section 342,394,412 Of I.P.C. Police Station- Cholapur, District- Varanasi. (xxii) Case Crime No. 399/2019 Under Section 3(1) Of U.P. Gangster Act, Police Station-Cholapur, District- Varanasi. (xxiii) Case Crime No. 47/2022 Under Section 379,411 Of 1.P.C. Police Station Kheta Sarain, District Jaunpur. (xxiv) Case Crime No. 67/2021 Under Section 336,411,506,380 Of I.P.C. Police Station- Tanda District Ambedkarnagar. (xxv) Case Crime No. 45/2021 Under Section 307,336, 504,506 Of I.P.C. Police Station-Kataka, District- Ambedkarnagar. (xxvi) Case Crime No. 76/2021 Under Section 307,336,506,34 Of I.P.C. Police Station- Kataka, District- Ambedkarnagar. (xxvii) Case Crime No. 30/2018 Under Section 379 Of 1.P.C. Police Station-Tanda District- Ambedkarnagar.
( xxviii) Case Crime No. 56/2021 Under Section 380,457,411 Of I.P.C. Police Station- Mahruva District Ambedkarnagar.
(xix) Case Crime No. 286/2023 Under Section 396,412,120 B Of I.P.C & 4/25 Of Arms Act, Police Station-Nizamabad District- Azamgarh.
(xxx) Case Crime No. 49/2021 Under Section 3(1) Of U.P. Gangster Act, Police Station- Saraimeer, District- Azamgarh.
(xxxi) Case Crime No. 129/2021 Under Section 3(1) Of U.P. Gangster Act, Police Station-Bevana, District- Ambedkarnagar.
(xxxii) Case Crime No. 45/2021 Under Section 380, 457,411 Of I.P.C. Police Station- Maharuva, District- Ambedkarnagar.
(xxxiii) Case Crime No. 15/2018 Under Section 379 Of I.P.C. Police Station- Hansvar, District Ambedkarnagar."
7. From perusal of long criminal history of the applicant which ranges from cases registered under the Cow Slaughter Act, Dacoity, 307 IPC etc., this Court finds that already the applicant has been enlarged on bail on earlier five occasions under the Gangster Act wherein the Court had recorded satisfaction under Section 19(4)(b) that he would not commit any further crime and was entitled to bail.
8. This Court finds that despite satisfaction having been recorded and an undertaking given by applicant, he has committed crime again and again. If the applicant is released on bail, he would be a threat to the society at large.
9. Looking to the criminal history of the applicant, I do not find any ground for releasing the applicant on bail despite the fact that he is in jail since 17.01.2024.
10. In view of above, the bail application stands rejected.
Order Date :- 19.11.2024 V.S.Singh