The Allahabad High Court cancelled the bail granted by the Sessions court on November 24, 2005 to Farhan, co-accused, along with gangster Ayeeq Ahmed, in the murder case of MLA Raju Pal and two security guards.
A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail cancellation application filed by Krishna Kumar Pal @ Umesh Pal.
The application under Section 439 (2) CrPC has been filed for cancellation of bail granted to respondent no 3-Farhan vide order dated 24.11.2005 passed by the Sessions Judge, Allahabad in FIR/Crime under Sections 147, 148, 149, 302, 307, 120-B and 506 IPC read with Section 7 Criminal Law Amendment Act lodged at Police Station Dhoomanganj, District Allahabad.
In the said case, the Sitting MLA, Raju Pal and his two Security Guards were killed in a broad daylight allegedly by the accused-respondent along with co-accused Ateeq Ahmad, a dreaded criminal, gangster and mafia don, who faces more than 100 cases of serious offences.
The Court noted that the trial court, while granting bail to the accused-respondent, put conditions that he would not tamper the evidence, give threat to the witnesses and commit any offence in future.
While the accused-respondent was on bail, he has committed three offences under Section 302 IPC, three offences under Section 364 IPC, two offences under Section 307 IPC and offence under Section 376-D IPC, besides offences under the Gangsters Act, Goonda Act, Arms Act and SC/ST Act.
The Court observed that,
The accused-respondent is a hardened criminal who belongs to one of the most dreaded gangs of Uttar Pradesh led by accused, Ateeq Ahmad. After the accused-respondent was set at liberty of bail granted by the trial Court, he has committed one offence after another of heinous nature. The accused-respondent has not only violated the terms & conditions of the bail, but also he has been involved in several offences, including three cases of murder.
It is also relevant to mention here that recently one star witness of Raju Pal’s case got eliminated in a most gruesome and dare-devil manner allegedly by Ateeq Ahmad and his gang members in a broad-day-light incident. All the offences are registered at Police Station Dhoomanganj, Prayagraj. It appears that in the area of Police Station Dhoomanganj, writ of the State Government does not run, rather writ of dreaded criminal, Ateeq Ahmad runs.
Considering these facts, the Court found that the accused-respondent would be a danger to the witnesses and his freedom would be peril to the lives, safety and security of the law-abiding citizens and witnesses. The impugned order is hereby quashed.
Consequently, the bail granted to the accused-respondent is hereby cancelled, the Court ordered.