It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant, in which he is already on bail, the bail orders are annexed as Annexure no. 3 to the affidavit. It is the submission of learned counsel for the applicant that applicant is neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available. Apart from the cases mentioned in the gang chart, applicant has been falsely implicated in 15 cases, out of which in two cases, during investigation name of applicant was found to be falsely implicated, therefore, final report was filed in both of those cases and in rest cases applicant has been granted bail by competent court, bail orders are annexed with the bail application as well as with supplementary affidavit filed in support of the bail application. Co-accused Sudhir Kumar Chaudhary has already granted bail by co-ordinate Bench of this Court vide order dated 1.4.2022 in Criminal Misc. Bail Application No. 11377 of 2022. Applicant is languishing in jail since 28.5.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
