JUDGMENT: Vijay Kumar Verma, J. 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.An FIR was lodged by SI Lal Ji on 15.03.2008 at 9.30 p.m. at P.S. Shahpur, District Gorakhpur, where a case under sections 419, 420, 342, IPC and section 18/27 Drugs and Cosmetics Act as well as section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986 was registered against 1. Dhananjay Singh 2. Julfkar Ali Haidar 3. Rajan Singh 4. Jitendra Kumar Tiwari 5. Ram Lakhan Dubey 6. Pappu Yadav 7. Jayant Kumar 8. Kripa Shankar Mishra and 9. Arun Kumar. The allegations made in the FIR , in brief, are that during the course of checking suspected persons at Khanjanchi Chauraha, Gorakhpur on 15.03.2008, an information was received by SI Lalji, who was accompanied by SI Chandrika Yadav, SI Chauthi Ram Yadav and other police personnel, that some persons are quarreling in front of Bans Mandi. When the police personnel reached there, an informer informed SI Lalji that in the house of Pappu Yadav some persons are indulging in illegal activity of extracting blood in small rooms having tin sheds. On this information a raid was made at about 4.30 p.m. at the house of Pappu Yadav situated in Mohallah Chorpurawa, Rajnagar Gorakhpur in north-east of bypass road. During the course of raid, five persons, namely, Dhananjay Singh, Julfikar Ali Haidar, Rajan Singh, Jitendra Kumar Tiwari and Ram Lakhan Dubey met there. They were found indulged in the process of extracting blood. Certain instruments of extracting blood were also recovered from the tin shed room situated in backside of house. On personal search of Dhananjay Singh, 29 empty packets, which are used for filling blood, were recovered. The accused Julfikar Ali Haidar was found extracting blood having a packet containing blood. One blood pressure measurement machine was also recovered from him. Certain instruments of extracting blood were also recovered from the tin shed room situated in backside of house. On personal search of Dhananjay Singh, 29 empty packets, which are used for filling blood, were recovered. The accused Julfikar Ali Haidar was found extracting blood having a packet containing blood. One blood pressure measurement machine was also recovered from him. From the bag carried by the accused Rajan Singh in his right hand, 5 packets of blood were recovered. The accused Jitendra Kumar Tiwari was having two packets of blood in his right hand. Accused Ram Lakhan Dubey was hanging a bag of aasmani colour on his shoulder. The person whose blood was being extracted told his name Subhash Dash s/o Santosh Dash , r/o Shastri Bridge, P.S. Balpar, District Jabalpur (M.P.). He told that some other persons also have been confined by Pappu Yadav in different rooms and their blood is extracted 8-10 times in a month, in lien of which assurance to pay Rs. 300/- is given. During the search of other rooms, some other persons, namely, Raju Yadav, Ramshankar, Roshan Khan, Pradeep Kumar, Raju, Durga Prasad, Sundar, Raju Math, Mohan Shahni, Ram Ji, Jagdish, Surendra Srivastava, Rajesh Tewari, Mustafa and Hari Kamal also met there, who told that they have been brought by Pappu Yadav on the pretext of giving employment, but their blood is being extracted. It was also told by those persons that in this illegal activity of extracting blood, one Jayant Sarkar s/o unknown of A.K. Pathology, Gudaghat and Kripa Shankar Mishra, Lab Technician, Medical College Gorakhpur as well as Arun Kumar s/o Ram Kishun Dubey, r/o Sitla Nursing Home, blood supplier, Gorakhpur are also indulged, who come here. All the accused persons who were present there, were arrested and they were brought to P.S. Shahpur, where a case was registered at Crime No. 342 of 2008. 4. I have heard arguments at length of the learned counsel for the applicants and AGA Sri Mewa Lal Shukla appearing for the State and perused the entire record carefully. 5. 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. 4. I have heard arguments at length of the learned counsel for the applicants and AGA Sri Mewa Lal Shukla appearing for the State and perused the entire record carefully. 5. 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. 6. Regarding the complicity of the applicant Sanjay Kumar Pandey, it was contended by learned AGA that name of this accused also has figured in the statements of the donors of blood and hence in this heinous crime of illegal activity of extracting blood, the applicant should not be released on bail. 7. 6. Regarding the complicity of the applicant Sanjay Kumar Pandey, it was contended by learned AGA that name of this accused also has figured in the statements of the donors of blood and hence in this heinous crime of illegal activity of extracting blood, the applicant should not be released on bail. 7. It is not disputed that the applicant Sanjay Kumar Pandey is neither named in the FIR nor he was arrested on the spot. No incriminating article is alleged to have been recovered from this applicant. His parentage and other identity is not disclosed in the statements of the donors of blood. Therefore, having regard to all these facts, but without expressing any opinion on merit of the case, I consider it appropriate to admit the applicant Sanjay Kumar Pandey, who is in jail since 11.06.2008, to bail. 8. Now I come to the bail applications of applicant Dhananjay Singh and Ram Lakhan Dubey. Both these accused-applicants are shown to have been arrested in the house of Pappu Yadav at the time of alleged raid by the police. Regarding the complicity of the applicant Dhananjay Singh, it was submitted by his counsel that some witnesses have not named him in the statements recorded under section 161 Cr.P.C. Next submission made by the learned counsel was that no blood was recovered from the applicant Dhananjay Singh at the time of his alleged arrest. It is also submitted that search of the house of Pappu Yadav was made by the police of another police station, which is illegal. 9. It was submitted by the learned counsel for the applicant Ram Lakhan Dubey that he has been falsely roped in this case by the police and no recovery of any incriminating article was made at the time of his alleged arrest in the house of Pappu Yadav and his presence only is asserted in the FIR. It is also submitted regarding the complicity of the applicant Ram Lakhan Dubey that at the time of alleged incident, he was studding in M.A. Final year and was residing in Mohallah Rapti Nagar, Phase-II, in rented house and at the time of alleged incident, after getting down from a taxi, he had stood near the place where some people were quarreling and when he declined to become witness of that incident, the police falsely implicated him in present case. 10. 10. It was also submitted by the learned counsel for the applicant Ram Lakhan Dubey that according to the FIR version, the applicant was carrying a bag in his shoulder, but nothing incriminating article was recovered from that bag to show his complicity in the alleged racket of extracting blood forcibly from the persons, who were confined in the house of Pappu Yadav. 11. It was further submitted by the learned counsel for the applicants Dhananjay Singh and Ram Lakhan Dubey that on the basis of long detention period in jail also, the applicants deserve bail now, because due to delay in trial, their fundamental right of speedy trial envisaged under Article 21 of the Constitution is being infringed. 12. Both the applicants viz Dhananjay Singh and Ram Lakhan Dubey were arrested by the police from the house of Pappu Yadav at the time of raid. The applicant Dhananjay Singh was found in possession of 29 plastic packets, which are said to have been used for filling blood. Although no incriminating article was recovered from the bag of the applicant Ram Lakhan Dubey, but his active participation in the activity of extracting blood forcibly is prima facie established on the basis of the material collected by the investigating officer during investigation. Therefore, without expressing any opinion on merit of the case, in my opinion, both these applicants do not deserve bail in this heinous crime. 13. Bail application No. 22396 of 2008 and 19169 of 2008 have been moved on behalf of applicants Kripa Shankar Mishra and Arun Kumar Dubey respectively. Regarding their complicity, it was contended by their learned counsel that both these applicants were not arrested on the spot and they have been falsely implicated in this case by the police naming them in the FIR. It was also submitted by the learned counsel for these applicants that no incriminating article was recovered from or on the pointing out of these applicants and they have no concern with the alleged racket of forcibly extracting blood from the persons, who were confined in the house of Pappu Yadav. 14. It was also submitted by the learned counsel for all the applicants that the complaint only can be filed for the offence punishable under section 18/20 Drugs and Cosmetics Act, and FIR is barred. 15. 14. It was also submitted by the learned counsel for all the applicants that the complaint only can be filed for the offence punishable under section 18/20 Drugs and Cosmetics Act, and FIR is barred. 15. Regarding the complicity of applicant Arun Kumar Dubey, it was further contended by his counsel that being the real brother of accused Ram Lakhan Dubey, who is said to have been arrested in the house of Pappu Yadav at the time of alleged raid, the applicant Arun Kumar Dubey also has been falsely implicated in this case. It was also submitted by the learned counsel for this applicant that in an accident happened in October 2007, his right leg was fractured and he is incapable to work. 16. It was further submitted by the learned counsel for both these applicants also that on the basis of long detention period in jail, the applicants deserve bail. 17. Refuting the submissions made by the learned counsel for the applicants, it was vehemently contended by learned AGA that complicity of the applicants-accused in the racket of forcibly extracting blood from the persons, who were confined in the house of co-accused Pappu Yadav, is fully established. It was also submitted by learned AGA that the persons, who were found confined in the house of Pappu Yadav and whose blood was being forcibly extracted for a considerable long period, belong to different states and places, who were brought by Pappu Yadav on the pretext of giving them some employment, but after bringing them to the house of Pappu Yadav, they were made victim of the racket, which was running illegal blood bank without obtaining any licence as required under Drugs and Cosmetic Act. It was also submitted by learned AGA that blood of the persons, who were found confined in the house of Pappu Yadav was being extracted by the members of the racket forcibly paying them very nominal money and hence, in this ante-social heinous crime, the applicants should not be admitted to bail. 18. It was also submitted by learned AGA that blood of the persons, who were found confined in the house of Pappu Yadav was being extracted by the members of the racket forcibly paying them very nominal money and hence, in this ante-social heinous crime, the applicants should not be admitted to bail. 18. Having carefully gone through the material on record, this fact is prima facie borne out that identity of the applicants Kripa Shankar Mishra and Arun Kumar Dubey is established and there is sufficient prima facie evidence to establish their complicity in the racket of forcibly extracting blood of the persons, who were brought from different states and places by co-accused Pappu Yadav on the pretext of giving them employment. Name of both these applicants has furnished in the FIR itself on the basis of the information gathered from the persons, who were confined in the house of Pappu Yadav and whose blood was being forcibly extracted. The applicant Kripa Shankar Mishra has been described in the FIR as Lab Technician Medical Collage Gorakhpur, whereas the applicant Arun Kumar Dubey has been shown to be connected with Sitala Nursing Home Gorakhpur. On the basis of the statements of all the persons, whose blood was being extracted in the house of Pappu Yadav, recorded under section 161 and 164 Cr. P.C., the identity and complicity of both these applicants is prima facie established. Therefore, in my opinion, these applicants also do not deserve bail in this heinous crime. 19. In my considered opinion, aforesaid four applicants cannot be released on bail on the basis of period of detention in jail also and in this heinous anti-social crime, admitting them to bail would be a fraud on the society, which is ultimately affected by such crime. In this context, I would like to refer the decision of Hon'ble Apex Court in the case of Pramod Kumar Saxena vs. Union of India and others 2008 (63) ACC 115, in which the Hon'ble Apex Court has held that mere long period of incarceration in jail would not be per-se illegal. If the applicant has committed offence, he has to remain behind bars. Such detention in jail even as an under-trial prisoner would not be violative of Article 21 of the Constitution. 20. If the applicant has committed offence, he has to remain behind bars. Such detention in jail even as an under-trial prisoner would not be violative of Article 21 of the Constitution. 20. For the reasons mentioned herein-above, the bail applications of the applicants Ram Lakhan Dubey, Arun Kumar Dubey, Dhananjay Singh and Kripa Shankar Mishra are hereby rejected. 21. Let the applicant Sanjay Kumar Pandey S/o Venketeshwar Pandey be released on bail in Case Crime No 342 of 2008, under sections 419, 420, 342, 308, 313, 506 IPC and 18/27 Drug Control Act, 3(1) Gangster Act, P.S. Shahpur, District Gorakhpur on his executing a personal bond for Rs. 40,000/- and furnishing two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking with following condition. 1. The applicant shall not tamper with the prosecution evidence by intimidating the witnesses. 2. He shall co-operate with speedy trial. 3. He shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. He shall not leave India without seeking prior permission from Trial Court. On violation of any of aforesaid conditions, the prosecution would be at liberty to move application for cancellation of bail. 22. The trial court concerned is directed to conclude the trial of the applicants as early as possible making sincere efforts and avoiding unnecessary adjournments. 23. The Office is directed to send a copy of this order within a week to the trial court concerned for necessary action.