High Court dismissed bail application against Kanhaiya @ Rahul U.P. Gangster Act invoked locutionally. Court noted insufficient evidence proof gangster definition. Bail granted conditions personal bond sureties.
Applicant released on bail on furnishing personal bond and two sureties each, subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:196315
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59188 of 2022
Applicant :- Kanhaiya @ Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal,Jitendra Kumar Shishodia,Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
has been released on bail in the aforesaid cases. Learned A.G.A. has not produced any material to demonstrate that the applicant comes within the definition of "Gangster" and "Gang" under U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986. Mere pendency of criminal case may not ipso facto invoke provisions of U.P. Act No.7 of 1986. Criminal history of the applicant has been adequately explained.
6A. The applicant in the present case has been implicated on the basis of the criminal cases detailed in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the criminal cases showing in the gang chart. Once the applicant has been enlarged on bail in previous criminal cases shown in the gang chart which forms the foundation for lodging of the criminal cases under the Gangster Act. This Court see no valid ground to detain the applicant in custody once the applicant has already been enlarged on bail in the cases shown in the gang chart.
by learned A.G.A. before this Court. No material has been placed by learned A.G.A. to demonstrate that the name of the Applicant is entered into gang register kept in the police station concerned. The proceedings under the Gangster Act is required to be initiated by preparation of gang chart mentioning the criminal activities. It is not shown by learned A.G.A. that the details of other criminal cases against the applicant were before the authorities concerned at the time of approval of gang chart. To initiate under the Gangster Act preparation of gang chart is a condition precedent under Rule 5(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021. The gang chart is required to mention details of the criminal activity of the accused. The Commissioner of Police/District Magistrate is to record satisfaction on the basis of the gang chart that the foundation of action under the Gangster Act exists. When the other criminal cases of the Applicant have not been disclosed in the gang chart or Form No.4, then it can be gainfully said that initiation of proceedings under the Act is not on the basis of other criminal history of the applicant, as such other criminal history of the applicant cannot be an impediment to deny bail to the applicant, more particularly when the applicant has been enlarged on bail in previous criminal cases.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
Order Date :- 11.10.2023 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be denied under the U.P. Gangster Act when the State failed to produce material evidence defining the applicant as a gangster.
Whether criminal history not included in the gang report can be an impediment to deny bail given the applicant's pending bail in those cases.
3 provisions across 3 enactments
Kanhaiya @ Rahul
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
