NAWAB SINGH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raghuvansh Misra and Sri Shivang Yadav, learned counsel for the applicant, Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rupak Chaubey, learned AGA-1, learned counsel for the State and perused the record.

(2.) The instant bail application at the instance of Nawab Singh Yadav has been filed seeking enlargement on bail in Case Crime No. 0798 of 2024, under Sec. 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kannauj, District Kannauj during the pendency of the trial. The bail application of the applicant before the Court below was rejected by the Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 5, Kannauj, vide order dtd. 6/2/2025 and the applicant has been languishing in jail since 12/8/2024.

(3.) Learned counsels for the applicant submit that the genesis of the prosecution of the applicant under Sec. 3(1) of the U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986 is the FIR dtd. 27/9/2024 giving rise to Case Crime No. 0798 of 2024 alleging inter-alia that the applicant (gang leader) along with Veerpal @ Neelu Yadav and Pooja Tomar (gang members) operate a gang for earning pecuniary and temporal benefits, indulge in rape, arson and offences like attempt to murder. Case Crime No. 681 of 2024 was registered on 12/8/2024 against the applicant under Sec. 76 of B.N.S. and Sec. 7/8 of the POCSO Act on the allegation that the applicant, Nawab Singh Yadav had raped a victim aged about 15 years in furtherance of a criminal conspiracy and attempt was made to destroy evidence. In the said case charge-sheet was submitted under Sec. 65(1)/115(2)/ 351(3)/61(2)/238(b) of B.N.S. and Sec. 3/4(2)/17/18 of the POCSO Act. Case Crime No. 537 of 2024 was registered on the discovery that the gang-member Veerpal @ Neelu Yadav attempted to murder the Uncle of the victim for influencing the witnesses under Ss. 147, 148, 149, 342 323, 325, 380, 120-B of I.P.C. Case Crime No. 749 of 2021 was registered against the gang under Ss. 148, 149, 452, 323, 504, 506 and 307 of I.P.C. All the above unlawful activities were found to be under the preview of Sec. 2(b)(1)(4) of the U.P. Gangster and Anti-Social Activities (Prevention ) Act, 1986.