RAM LAKHAN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) IN all these bail applications, prayer for bail has been made on behalf of applicants named above in case Crime No. 342 of 2008, under sections 419, 420, 342, 308, 321, 506 IPC, and section 18/27 Drugs and Cosmetics Act and 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S Shahpur, District Gorakhpur.

(2.) ALL the five bail applications are being disposed of by this common order for the sake of convenience, as they all arise out of the same crime number.

(3.) FIRST, I take up the bail application bearing number 24975 of 2008, which has been moved on behalf of the applicant-accused Sanjay Kumar Pandey. Regarding the complicity of this applicant in the alleged illegal activity of extracting blood forcibly without having any licence, it was submitted by his learned counsel that this accused was not named in the FIR, although it was lodged after a long gap from the time of alleged arrest of other accused persons. It was also submitted by the learned counsel that the donors of blood, who were found present in the house of Pappu Yadav, also did not tell the name of the applicant Sanjay Kumar Pandey to the police at the time of incident. It was further submitted by the learned counsel that in the statements of the witnesses, parentage and identity of the applicant Sanjay Kumar Pandey has not been disclosed and since the applicant was not put to identification during the course of investigation in Test Identification Parade, hence the applicant deserves to be released on bail on this ground, because on the basis of the statements of the donors of blood, the identity of the applicant Sanjay Kumar Pandey is not established. It was also submitted in this context that statements of the donors were recorded under section 164 Cr.P.C. also, but neither in their statements recorded under section 161 Cr.P.C. nor in the statements under section 164 Cr.P.C., complete identity of the applicant Sanjay Kumar Pandey has been disclosed and hence it can not be said with certainty that it was the applicant Sanjay Kumar Pandey, who is alleged to have been indulged in the illegal activity of extracting blood. It was also submitted by the learned counsel that no incriminating article for extracting blood or using in that process was recovered from this accused.