SUBHANKAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the accused-applicant and Sri V.K. Shahi, learned A.A.G. and Sri S.N. Tilhari, learned A.G.A. for the State.

(2.) The applicant has been implicated under Sec. 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 on the premise that five criminal cases are pending against him under Sections 392 and 411 I.P.C. and thus there is a clear apprehension at the end of the accused applicant of causing fear and terror in the society and the innocent citizens are not coming forward to lodge an F.I.R. against him. It is also alleged in the gang-chart that the gang comprising of the accused applicant under the leadership of Suraj Yadav are quite active and if the accused applicant is set free, there is apprehension of commission of further crimes, thus, curtailing the liberty of the accused applicant is imminently necessary.

(3.) This Court may note that the past criminal history of the accused applicant of five criminal cases under Sections 392/411 I.P.C. is based on some recovery from him. The recovery made on 9.6.2018 gave rise to case crime no. 354 of 2018 under Sections 392/411 I.P.C. wherein the applicant was enlarged on bail by an order dated 13.9.2018 filed as annexure no. SA-1 to the supplementary affidavit. The recovery of other articles made on 9.6.2018 has been linked to case crime nos. 254 of 2018, 324 of 2018, 89 of 2018 and 298 of 2018. These are the F.I.Rs. registered much prior to the date of recovery made on 9.6.2018. The gang-chart does not record as to how the recovered items on 9.6.2018 can conclusively be linked to the aforesaid cases so as to form a definite opinion for inflicting the Gangsters Act against the accused applicant. It is submitted that a mere suspicion raised on the basis of recovery may not be a safe premise for inflicting the Gangsters Act against an accused who is yet to be found guilty after holding the trial.