Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case. Two cases have been mentioned in the gang chart, on the basis of which the provision of Gangsters Act has been invoked against the applicant. It is further submitted that in two cases, on the basis of which the provision of Gangster Act has been invoked against the applicant, he has been released on bail by competent criminal courts. It is submitted that criminal history of six cases, apart from the two cases mentioned in the gang chart has been shown against the applicant, in which also the applicant has been granted bail by competent criminal courts. It is further submitted that co-accused persons of the crime, namely Ravi Yadav and Ajay @ Suddu Yadav whose roles are identical to the role of the present applicant have been granted bail by Coordinate Bench of this Court in Cri. Misc. Bail Application No. 54672 of 2021 and Cri. Misc. Bail Application No. 48087 of 2021, vide orders dated 21.2.2022 and 2.3.2022 respectively. It is next submitted that the provision of Gangster Act has been invoked against the applicant on the basis of past criminal history and no enquiry which is required for the purpose of invoking Gangster Act has been made either by the investigating officer or by the informant of the case. Applicant is languishing in jail in this matter since 24.6.2021 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the Court below.
