Allahabad High Court at Lucknow has reprimanded the State Police over the misuse of the provisions of the Gangsters Act.
The Court was hearing a bail application filed under Section 439 Cr.P.C. In this case, an FIR was registered under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 against the applicant and two other co-accused.
After going through the gang-chart annexed with the bail application, the Allahabad High Court observed that the provisions of the Gangsters Act were invoked on the basis of five cases registered against the applicant.
The Prosecution alleged that Rs.6600/- and some packets of cigarettes etc., were recovered from the accused-applicant.
But the I.O. had divided the recovered amount of Rs.6600/- into three cases of thefts alleged to have been committed by the accused.
Meaning thereby, the Police stated that Rs. 1600, Rs 1800 and Rs. 3200 respectively were recovered, regarding three cases of theft.
Allahabad HC Reprimands UP Police Over Misuse of Gangster Act
Hon’ble Justice D.K. Singh of Allahabad High Court at Lucknow observed that it is very strange that the I.O. knew the specific amount belonging to a particular theft. It is a question that how he specified the amount as being the amount of particular theft. The I.O. has lodged five cases against the accused on the basis of a single recovery and the charge-sheet has been filed within a period of 9 days.
Further, the Court observed that this is not a first case, where the police has setup an unbelievable, bogus and impossible story to implicate a person in several cases and then impose the Gangsters Act.
Considering aforesaid, the Allahabad High Court at Lucknow directed the SP, Hardoi to file his personal affidavit as to how the IO distributed the recovery into three cases.
The Court has granted bail to the accused-applicant.
Title – Kapil Raidas v. State of U.P
Case No.: BAIL No. – 6671 of 2020
Coram: Hon’ble Justice D.K. Singh