The Allahabad High Court has allowed the bail application of Ghosi’s BSP MP Atul Rai in the case registered under the Gangster Act at Lanka police station in Varanasi.
A Single Bench of Justice Raj Beer Singh passed this order while hearing a Criminal Misc Bail Application filed by Atul Rai.
The second bail application has been filed by the applicant in Case under Section 3(1) U.P Gangster and Anti Social Activities Act, Police Station Lanka, District-Varanasi, with the prayer to enlarge the applicant on bail.
The first bail application of the applicant was rejected by the Court order dated 03.03.2023.
It has been argued by counsel for the applicant that applicant is innocent and he has been falsely implicated in the case due political enmity.
It was pointed out that as per first information report, the informant/ S.H.O came to know about the existence of the alleged gang on 23.10.2021, whereas, the gang chart was already approved on 22.10.2021. In the gang chart, two cases have been shown against the applicant.
In one of the case under Sections 420, 376, 504, 506 I.P.C, the applicant has already been acquitted, whereas, in another case under section 147, 148, 149, 364, 307, 342, 352, 323, 504/34, the arrest of applicant was stayed by the Court and it was directed that no coercive action shall be taken against the applicant order dated 16.07.2018.
Counsel submitted that the police was bent upon to arrest the applicant due to political reasons and that in above referred case despite that order of the Court that applicant shall not arrested, the police arrested the applicant and produced him before the court but in view of the order of the Court, the court concerned refused to remand the applicant-accused to judicial custody and thus, the applicant was set free in that case. The applicant has already filed a petition for initiation of contempt proceedings in that regard.
Regarding criminal history of the applicant, it is submitted that a total 24 cases have been shown against the applicant and out of them, applicant has already been acquitted in 12 cases and in remaining cases, applicant is on bail.
It is further submitted that the co-accused Sujit Singh has already been granted bail vide order dated 28.07.2022.
Counsel further submitted that the medical condition of the applicant is quite serious and his condition is deteriorating day by day. The applicant is suffering from Chronic Suppurative Otitis Media with Mastoiditis and he was advised for operation of the above disease.
As per the certificate dated 08.09.2022 of Medical Superintendent, Central Jail, Naini, Prayagraj, the applicant is a known case of left chronic suppurative otitis media with low backache with PIVD (Prolapsed Intervertebral Disc). The order dated 08.09.2022 of the court of the A.C.J.M, Vth, Varanasi, was also referred, wherein, the court has made observations regarding the health condition of applicant.
Counsel has pointed out the prescription slip dated 10.09.2022 of Swaroop Rani Nehru Hospital, Prayagraj, wherein, it was mentioned by the concerned doctor that patient should not be allowed for travelling because his operation may be failed and he should be kept on complete bed rest but despite that medical advice, applicant was taken to court, where his condition has deteriorated and concerned court has passed order dated 09.09.2022 and it was observed that the applicant was having swelling around his ears and it was directed that applicant must be sent to Swaroop Rani Nehru Hospital, Prayagraj.
It was pointed out that the medical condition of the applicant is quite serious and alarming but he is not being provided proper treatment and that the State agencies are bent upon to keep him confined in jail by one way or another.
It was submitted that the bail application of the applicant must not be rejected merely on the basis of criminal history or on the ground that the accused has a long criminal history.
Lastly, it was submitted that the applicant is languishing in jail since 02.11.2021 and so far, only three witnesses have been examined, whereas, in the charge sheet, total 20 witnesses have been shown and thus, trial of the case would take a sufficiently long time. It was stated that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The Court noted that,
In the case, it may be seen that in the first information report, it was alleged that applicant is leader of the gang and co-accused Sujeet Singh is member of said gang and that they, acting singly or collectively, indulge in commission of offences prescribed under chapter 16, 17 and 22 of Indian Penal Code, for obtaining undue temporal, pecuniary and material gains.
The main allegation is that on 06.07.2017, they made an attempt to abduct one Sarvesh Chandra Tripathi and made firing and in that connection, a case under sections 147, 148, 149, 364, 307, 342, 352, 323, 504, 34 I.P.C, has already been registered against them at the Police Station.
“It also appears from the record that the applicant has already undergone the detention of about one year and nine month and only three witnesses have been examined so far and thus, the trial of the case is likely to take a sufficiently long time in conclusion. The co-accused Sujit Singh has already been granted bail.
In view of aforesaid facts and circumstances and also considering the position of law as laid down in above referred case of Sumit Awasthi Vs State of UP (supra), Ash Mohammad Vs Shiv Raj Singh, (supra) and Prabhakar Tewari Vs State of U.P (supra), it would not be just and proper to reject the bail application of the applicant merely on the ground of criminal history.
Considering the submissions raised on behalf of parties, period of detention and attending facts of the matter and particularly considering the medical condition of the applicant, without expressing any opinion on the merits of the case, the applicant-accused deserves to be released on bail, so that he may avail proper treatment”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant-Atul Rai, involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant shall not tamper with the evidence during the trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the Trial Court on the date fixed, unless his personal appearance is exempted by the said court.
(iv) The applicant shall not indulge in any unlawful or criminal activity.
(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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.