VINAY KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Arvind Kumar Mishra and Shri Afzal Ahmad Khan Durrani, learned counsel for the applicants, learned Additional Advocate General assisted by Shri Vibhav Anand Singh, learned A.G.A. for the State-respondents, in both the applications, and perused the material on record.

(2.) he instant applications have been preferred challenging the entire proceedings arising out of Case Crime No.161 of 2022, under sec. 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Karari, District Kaushambi [Hereinafter referred to as the FIR], pending trial in the Court of learned Additional Sessions Judge/FTC-1st, Kaushambi, as well as cognizance order dtd. 24/1/2024 passed by learned Additional Sessions Judge/FTC-1st, Kaushambi.

(3.) The applicants' case emerges from the approval of the gang chart, and on perusal it's observed that the gang leader Ajay Kumar Saroj, son of Jeete resident of Goraju Police Station Paschim Sarira, District Kaushambi, along with his co-accused members; (i) Rahul, son of Chhidda, resident of Ghasiya Ka Pura, Police Station- Paschim Sarira District- Kaushambi, (ii) Vinay Kumar Gupta son of late Govind Prasad, resident of Buksi Ka Purwa, Police Station- Paschim Sarira, District Kaushambi, and (iii) Rajaram Kesharwani son of Chhedilal resident of Goraju, Police Station- Paschim Sarira, District Kaushambi, has been operating an organized gang at district level. The members of this gang have amassed huge illegal money by doing illegal mining and transportation based on fake Ravanas; due to the activities of the gang, the government is suffering huge revenue loss. By doing such acts, the said gang has created so much fear in the public that people are unable to muster the courage to complain against them due to their fear. Earlier, such mining maafias, as per newspaper reporting, caused the death of mining officers in road accidents who attempted to stop illegal mining. Due to their terror in public, the normal life and law and order situation causing disruption, therefore, the criminal act committed by the said gang is covered under sub-sec. (1) of Sec. 2B of the Gangsters Act, 1986.