Court No. - 42
Case :- CRIMINAL APPEAL No. - 3771 of 2018 Appellant :- Narendra @ Deepu Chaudhary Respondent :- State Of U.P.
Counsel for Appellant :- Snehil Srivastava,Siddharth Saran Counsel for Respondent :- G.A.,Siddharth Saran
With
Case :- CRIMINAL APPEAL No. - 3764 of 2018 Appellant :- Dinesh Chaudhary Respondent :- State Of U.P.
Counsel for Appellant :- Snehil Srivastava Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for both the appellants-Narendra @ Deepu Chaudhary and Dinesh Chaudhary, who have been convicted and sentenced by the one and common judgment of the trial court, therefore, bail application of both the appellants are being disposed of by common order.
The appellants seek bail in G.T. No.217 of 2008 (State of U.P. Vs. Narendra @ Deepu Chaudhary and others), arising out of Case Crime No.570 of 2006, under Section - 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station - Lalganj, District - Basti.
It has been claimed on behalf of both the appellants that appellants are not involved in any crime and are not guilty of committing any offence falling under the provisions of Gangster and Anti Social Activities. The height of the conspiracy hatched by the police can be measured by fact that the entire proceeding of this case was completed by the Investigating Officer the very same day against both the appellants. During trial, both the appellants were on bail and they did not misuse the bail. Lastly contended that both the appellants have not been convicted in any case.
Per contra, learned A.G.A. has submitted that the case against the appellant-Narendra @ Deepu Chaudhary indicates that he is involved in dozen of crime and his act is dare devil act of threatening at public places. Completing of the entire proceeding the very same day does not indicate that the police is interested in falsely implicating the appellants.
He further submitted that another co-accused-Dinesh Chaudhary is an associate and gang member of the gang created by co-accused- Narendra @ Deepu Chaudhary and he is acting in collusion with him and he is an active member of the gang. He is also involved in the case of extortion and the offence covered under Section-307 I.P.C. as is indicated in the gang chart itself.
Also considered the aforesaid rival submissions and also perused the record.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I do not find it a fit case for bail, at this juncture.
Accordingly, the bail applications of both the appellants are rejected.
Order Date :- 13.9.2018 S Rawat