Reprimanding the State Police, the Allahabad High Court recently expressed its prima facie view that the provisions of the Gangsters Act are being misused thoroughly in the State of Uttar Pradesh by the police.
The Bench of Justice Dinesh Kumar Singh was hearing the bail plea filed under Section 439 Cr.P.C. in connection with FIR registered under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 in Police Station Baghauli, District Hardoi against the accused-applicant and two other co-accused.
Background of the Case
Perusing the gang-chart annexed with the bail application, the Court observed that the provisions of the Gangsters Act were invoked (against the accused-applicant) on the basis of five cases having been registered against the accused-applicant.
It is the case of the prosecution that from the accused-applicant, Rs.6600/-, some packets of cigarettes etc., were recovered.
The investigating officer had proportioned the amount of Rs.6600/- recovered from the accused-applicant into three thefts alleged to have been committed by the accused.
In other words, it was stated by the Police that Rs.1600/- was recovered from the accused-applicant in the first case, Rs.1800/- in the second case and Rs.3200/- in the third case (total amount = 6600).
To this, the Court said,
"It is very strange that the Investigating Officer did know that a particular amount belonged to a particular theft. How had he identified the particular amount being the amount of theft of a particular case? On the basis of single recovery which was affected from the accused-applicant on 14.08.2019, the Investigating Officer has made him the accused in five cases and within a period of nine days by filing charge-sheets against him." (emphasis supplied)
Further the Court remarked,
"This is not a single case where the Court has been confronted with bogus, unbelievable and impossible story set up by the police to implicate one accused in several cases and then invoke the provisions of the Gangsters Act." (emphasis supplied)
In view thereof, the Court directed the Superintendent of Police, Hardoi to file his personal affidavit as to how the investigating officer came to the conclusion that Rs.1600/- allegedly recovered from the accused-applicant belongs to first case, Rs.1800/- to second case and Rs.3200/- to third case whereas it was a single recovery on 14.08.2019 from the accused.
Further, the Court remarked,
"If the Superintendent of Police is of the opinion, that on the basis of the offences for which the provisions of the Gangsters Act have been invoked against the accused-applicant are false, what action he is supposed to take against the investigating officer concerned."
The Court also directed to specifically state that what kind of investigation had been carried out by the investigating officer except alleged recovery from the accused-applicant inasmuch as he had filed the charge-sheets in all five cases within a period of nine days from the date of alleged recovery from the accused-applicant on 14.08.2019.
Lastly, the Court directed that applicant Kapil Raidas be released on bail in the case on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned.
Case title - Kapil Raidas v. State of U.P [BAIL No. - 6671 of 2020]