RAVINDRA KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Gopal Swarup Chaturvedi, learned Senior Advocate assisted by Sri Vikas Chandra Srivastava, learned counsel appearing for the applicant, Sri Anil Srivastava, learned Senior Advocate assisted by Sri Harikesh Gupta, learned counsel appearing for the complainant and Sri N.K. Srivastava, learned A.G.A. for the State.

(2.) This application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.1285 of 2019 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 19861, Police Station-Bisarakh, District-Gautam Budh Nagar, during the pendency of the trial before the court below. An FIR dated 10 December 2019 was lodged against the applicant and others alleging offences under the Gangsters Act.

(3.) A perusal of the contents of the FIR reveals that the applicant alongwith others were named as members of a gang with the gang leader being Amit Kumar Yadav, who conspired and planned and hired shooters who, in turn, on 16 November 2017 fired indiscriminately on a BJP leader Shiv Kumar Yadav, his driver Balinath and his bodyguard Rahish Pal Yadav in broad daylight in a moving vehicle and killed all three of them. Due to that incident, public order was shattered. The said handwork of the gang is a heinous offence under Chapter XVI and XVII of the Indian Penal Code , due to which the public is afraid and terrorised and due to their fear and terror no person from the public is able to testify against them or to file any report. It is not in public interest that they remain at large. The offence of the accused is punishable under Section 2/3 of the Gangsters Act, who have a criminal history of Case Crime No.751 of 2017 under Section 147, 148, 149, 302, 34, 120B of the IPC and Section 7 of the Criminal Laws (Amendment) Act, Police Station- Bisrakh.