JUDGMENT : Written Arguments filed by learned counsel for the respective parties pursuant to order dated 28.3.2023 are taken on record. 1. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Shiv Kant Dixit, learned counsel for the applicant and Sri Abhijeet Mukherjee, Sri D.P.S. Chauhan and Sri Mithilesh Kumar, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the accused-applicant Jay Bajpai @ Jay Kant Bajpai to release him on bail in Case Crime No.238 of 2020, under sections 420, 467, 468, 471, 120-B IPC, Police Station - Kakadev, District - Kanpur Nagar. 3. The first information report of the incident was lodged by the Sub Inspector Ravi Shankar Pandey on 22.7.2020 as Case Crime No.238 of 2020, under Section 420, 467, 468, 471, 120-B I.P.C., Police Station Kakadev, District Kanpur Nagar. The version of the first informant is that the applicant have virtual possession of vehicles used in the offence in question dated 4/5.7.2020 at Village Tikuri, Police Station Chaubepur, District Kanpur Nagar. 4. The statement of the first informant under Section 161 Cr.P.C. was recorded on 24.7.2020 in which he stated that the accused/applicant is the virtual owner of the vehicle used in the offence in question but could not produce any evidence except, oral. The Investigation Officer also noted down the alleged statements of owners of vehicles who have stated that they are the owner of the vehicle in question which were used by the applicant, he further investigated that the entry pass of the Secretariat at Lucknow is forged. The vehicles were allegedly recovered on 5.7.2020 but the first information report was lodged on 22.7.2020 having extraordinary delay of 17 days. Admittedly as per prosecution case the applicant is not the owner of Audi Car, Fortuner Car and Hyundai Car. The Audi Car and Hyundai Verma car belongs to Pramod Kumar Verma and Kapil Singh Chauhan who are not accused in the present case whereas the Fortuner car belongs to Rahul Singh (who has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 1.12.2021 passed in Criminal Misc. Bail Application No.40006 of 2021, a copy of said order has been produced by learned counsel for the applicant, which is taken on record) on which fake entry pass of Secretariat at Lucknow was pasted who is co-accused. Bail Application No.40006 of 2021, a copy of said order has been produced by learned counsel for the applicant, which is taken on record) on which fake entry pass of Secretariat at Lucknow was pasted who is co-accused. However, as per the prosecution version all the above owners voluntary deposed that the above cars were used by the applicant. It is worth to mention here that neither the applicant is owner of the above vehicles nor he had used the same at any point of time nor the above cars were recovered from the possession of the applicant. All the above vehicles were recovered from the same place and the applicant was not present in the vehicles in question, but police with malicious intention has shown recovery of some forged number plates from the custody of the applicant, despite the facts that applicant was in jail since 20.7.2020 and FIR in the present offence was lodged on 22.7.2020. 5. Submission of the learned counsel for the applicant is that being businessman and having only political rivalry with some local high level politicians, applicant has been roped with the said offence by fabricating false and frivolous documents and witness, nothing is available on the record to show that the alleged entry pass pasted over wind shield of vehicle no. U.P. 78 EW 7070 was prepared by the applicant nor there is any evidence or witness who claimed to be well known that applicant prepared the fake gate pass of secretariat further the vehicle no. U.P. 78 FC 7070 and U.P. 78 FI 9595 do not belong to the applicant at any point of time and statement made by owner of vehicle that applicant is owner of vehicle is totally false and have no evidentiary value. Further the person who is registered owner of vehicle no. U.P. 78 EW 7070 have liability of alleged sticker which was prepared by police under conspiracy for false and fabricated prosecution of the applicant. The vehicle owner Mr. Kapil Singh and Rahul Vishwakarma has been left on sacrifices of applicant whereas it is crystal clear that despite to right down on writing that though the vehicle were registered in names but same was not used by them has no logical explanation which clearly shows that applicant has falsely been roped in the aforesaid offence. 6. Kapil Singh and Rahul Vishwakarma has been left on sacrifices of applicant whereas it is crystal clear that despite to right down on writing that though the vehicle were registered in names but same was not used by them has no logical explanation which clearly shows that applicant has falsely been roped in the aforesaid offence. 6. It is stated that investigation is not free, fare and impartial and applicant has been victimized by the illegal act and conduct of the police as the police is acting in rival manner and political pressure of politicians who want to ruin the whole life of applicant only to take revenge of business rivalry. It is self admitted case of prosecution that applicant have no direct role or participation in case crime no.192 of 2020. As stated on proceeding paragraph that as per the prosecution case the applicant is not the owner of Audi car, Fortuner Car and Hundai Verna Car. The Audi car and Hundai Verna Car belong to Pramod Kumar Verma and Kapil Singh Chauhan who are not accused in the present case whereas, the Fortuner car belongs to Rahul Singh on which fake entry pass of Secretariat was pasted who is co-accused in the present case and as per the prosecution version all above owners voluntary deposed that the above cars were used by the applicant. The aforesaid statement of vehicle owner is not admissible further it is not investigated by the Investigating Officer that who is the beneficiary of fake gate pass issued by the secretariat. Law is settled that the liability of any offence goes over the owner not user and it is established from the record that the fake gate pass having serial no.828 was affix on wind shield of U.P. 78 EW 7070 so vehicle of this owner should establish that he was not beneficiary of fake gate pass having serial no.828 which shows that investigation is faulty and has been conducted only for the purpose of accusation of applicant. 7. It is further stated that neither applicant is owner of said vehicles nor any such recovery was made from his pointing out, the entire story setup by the police is absolutely false and concocted on the face of record. 8. 7. It is further stated that neither applicant is owner of said vehicles nor any such recovery was made from his pointing out, the entire story setup by the police is absolutely false and concocted on the face of record. 8. It is further stated that neither applicant confessed his guilt nor his complicity has been proved by the police but as applicant is a common man and police having power of the State falsely roped the applicant at behest of politicians. 9. It is further stated that the entire prosecution story is based upon the ownership of the applicant hence release application moved by the owner of vehicle would effectively effect the decision. 10. It is further stated that no evidence is available on record except forced vehicle owner Rahul Singh who alleged that applicant was using Toyota Fortuner further it is very surprising that Investigating Officer without touching Rahul Singh had directly connect the applicant in the present case without any evidence. 11. It is further stated that applicant has specifically explained his criminal antecedent on affidavit in support of bail application, it is totally wrong to allege that the applicant has any role in case crime no.192 of 2020 neither there is any evidence available on record which may prove the complicity of applicant in the said case. Nothing is available on record to show that the applicant is connected with Vikas Dubey nor there is any evidence to show the complicity of the applicant that he actively directly and physically committed the offence further the investigation is not reliable and not supported with credible evidences, the applicant has no concern with any history sheeter. 12. It is further stated that neither applicant was close associate of history sheeter Vikas Dubey nor had interacted with him at any point of time nor there is any evidence regarding the averment made in answering paragraph, the evidence collected by the Investigation Officer are created evidence and not sufficient or credible for conviction of applicant. 13. 12. It is further stated that neither applicant was close associate of history sheeter Vikas Dubey nor had interacted with him at any point of time nor there is any evidence regarding the averment made in answering paragraph, the evidence collected by the Investigation Officer are created evidence and not sufficient or credible for conviction of applicant. 13. On the contrary, learned A.G.A. has argued that it is not a case of simple crime, the applicant has used forged entry passed of the Secretariat, State of Uttar Pradesh by affixing the same on the vehicle having No.UP78 - EW 7070; this vehicle was used by the applicant to provide the safe passage to the slain dacoit Vikas Dubey who was the author of Bikru Massacre wherein several Police personnel were assaulted by Vikas Dubey and his gang, after which the said Police personnel were mercilessly done to death on the intervening night of 2/3/.7.2020. It is pertinent to note that for the said Bikru Massacre the provisions of National Security Act has already been imposed against the applicant on the grounds inter alia prejudicing public order and the NSA was imposed on the applicant from 4.9.2021 to 1.9.2022 and applicant has criminal history of 14 cases. 14. It is pertinent to note that for the said Bikru Massacre the provisions of National Security Act has already been imposed against the applicant on the grounds inter alia prejudicing public order and the NSA was imposed on the applicant from 4.9.2021 to 1.9.2022 and applicant has criminal history of 14 cases. 14. During the course of investigation, in case crime No.192 of 2020, Police Station Chaubeypur, District Kanpur Nagar, it was revealed that Jay Kant Bajpayee was present in the meeting, in which it was planned how to safely escape Vikas Dubey after the Bikru Massacre after killing the police personnel and for the same Jay Kant Bajpayee had provided money and ammunitions alongwith cars to slain gangster Vikas Dubey, this information was provided by Vikas Dubey when he was arrested at Ujjain and during transit his statement was recorded which was subsequently made part of Case Diary, Parcha No.10 dated 17.10.2020 which is statement of Vikas Dubey stating his closeness with Jay Kant Bajpayee and planning for his escape relevant part whereof is reproduced below :- ^^----------------- ----------------- eSaus vius utnhdh ?kj dh vkSjrksa js[kk vXuhgks=h] {kek iRuh lat; nqcs mQZ latw] [kq'kh iRuh vej nqcs 'kkafr nsoh iRuh jes'k dks iqfyl dks pksj MdSr dgdj fpYykus o xkao okyksa dks bdVBk djus ds fy;s yxk j[kk FkkA esjs ekek dh cgq euq ik.Ms; iRuh lksuw ik.Ms; dks Hkh Iykfuax dh iwjh tkudkjh Fkh rFkk Qksu ls lcdks ltx djkus o lwpuk nsus ds fy;s eSaus crk j[kk Fkk A blds ckn eSa Hkkxdj f'koyh pyk x;k Fkk bl nksjku esjs vfr utnhdh t;dkUr mQZ t; ckyisbZ iq= y{ehdkUr cktisbZ fu0 czãkuxj vkSj Á'kkUr 'kqDyk mQZ MCcw fu0 vk;Z uxj dksguk us xkM+h o iSlk nsdj esjh en~n dh mUgsa Hkh esjh Iykfuax dh dqN&dqN tkudkjh FkhA t; oktisbZ ls eSaus dkjrwl Hkh fy;k FkkA ogka ls fQj cprs cpkrs mTtSu egkdky efUnj vk x;k FkkA lM+d ij ts0lh0ch0 yxkdj tke djus ds fy;s eSaus lqYrku vgen fu0 dLck pkScsiqj dh ts0lh0ch0 tks esjs ;gka djhc Msढ+ ekg ls dke dj jgh Fkh dks jkr esa djhc 12 cts vius ekek jktkjke mQZ jkedqekj ik.Ms; dks Hkstdj Mªkboj jkgqy iky ls eaxok;k Fkk vkSj lM+d ij [kM+h djds lM+d vo#) djk fn;k Fkk rkfd iqfyl ,dk ,d gekjs ?kj rd uk vk ldsA** 15. Further he has drawn the attention of this Court towards C.D. Parcha No.19 of Case Crime No.192 of 2020 which reads as under :- ^^C;ku vfHk;qDr t;dkUr cktis;h iq= Lo0 y{ehdkUr cktis;h fuoklh 111@478 czãk uxj Fkkuk uthjkckn tuin dkuiqj uxj mez djhc 37 o"kZ us iwNus ij crk;k fd ge 05 HkkbZ gS esjs ekrk&firk dk LoxZokl gks x;k gS esjk eks0 u0 9336249793 gS esjs ikl fjokYoj dk ykblsUl gS tks eSaus 2008 es fy;k FkkA esjs firk th ds fgLls esa 06 ch?kk tehu vkrh gSA igys eSa Vk;j isUpj dh nqdku djrk Fkk o"kZ 2013 esa esjh eqykdkr Á'kkUr 'kqDyk mQZ MCcw ds ek/;e fodkl nqcs ls gks xbZ Fkh fodkl nqcs us eq>s dqN iSlk nsdj C;kt ij iSls nsus dk dke 'kq# djk fn;k Fkk] fodkl nqcs dks eSa 3 Áfr'kr ij C;kt nsrs Fkk rFkk yksxksa ls 10 Áfr'kr dk C;kt ysrs Fkk blds ckn eSaus desVh Mkyuh 'kq# dj nh Fkh ftlls esjk dke Bhd Bkd py fudyk ftlls eSaus 04 edku v'kksd uxj esa [kjhns rFkk ftlds vykok esjs djhc 56 IykV gS tks djhc Msढ+ djksM+ dh dhet ls T;knk ds gS mlds ckn esjk fodkl nqcs ls yxkrkj feyuk tqyuk jgk ge yksx Qksu ls Hkh vikl esa ckr djrs Fks ijUrq okV~ldky ;k pSV ls T;knk ckrs djrs Fks fnukad 01-07-2020 dks fodkl nqcs dk esjs ikl Qksu vk;k fd dqN iSls o dkjrwl ysdj esjs ikl vk tkvks eSa fnukad 02-07-2020 dks Á'kkUr 'kqDyk mQZ MCcw ds lkFk xzke fod# x;k Fkk tgkWa ij fodkl nqcs gesa feyk fodkl nqcs us gesa crk;k fd iqfyl eq>s cgqr ijs'kku dj jgh gS eq>s iqfyl dk dke reke djuk gS rks geus dgk fd Bhd jgsxkA ,d ckj iqfyl ls fHkM+ x;s rks fQj gekjh ncaxbZ iwjs ftys esa pysxhA rks eSaus fodkl nqcs dks 2 yk[k #i;s uxn o 25 dkjrwl fjokYoj ds fn;s Fks mlh nkSjku fodkl nqcs us eq>s o MCcw dks crk;k Fkk fd vki nksuksa dks ?kVuk ds ckn tc Hkh eSa lwpuk Hkstwaxk viuh xkM+h Hkstuh gksxh rkfd ge lqjf{kr fudy lds esjs ikl ,d xkM+h vkWMh ftldk uEcj ;w0ih0 78 ,QokbZ 9555 tks eSaus Áeksn dqekj iq= dUgS;k yky fo'odekZ fuoklh 16@18 U;w bZnxkg dkyksuh Fkkuk uokcxat ds uke ls fudkyh Fkh rFkk nwljh xkM+h QkpwZuj u- ;w0ih0 78 bZMCyw 7070 gS tks eSausa jkgqy iq= bUnziky fu0 193@243 ldjiqj pd ¼fdlku uxj½ Fkkuk lps.Mh dkuiqj uxj ds uke ls fudyh Fkh rFkk rhljh xkM+h ojuk ftldk uEcj ;w0ih0 78 ,Qlh 7070 gS tks eSaus dfiy flag pkSgku iq= pUnzHkku flag fu0 111,@24 v'kksd uxj Fkkuk uthjkckn ds uke ls fudyh Fkh rhuksa xkfM+;ksa dh fd'r eSa Lo;a Hkjrk gwWa rFkk rhuksa esjs ikl gh jgrh gSA bu xkfM+;ksa ls fodkl nqcs vDlj ?kVuk esa tk;k djrk Fkk ?kVuk ds ckn fnukad 04-07-2020 dks MCcw ds ek/;e ls esjs ikl lwpuk vkbZ Fkh fd fodkl nwcs o mlds lkfFk;ksa dks f'koyh ls fnYyh rd NksM+uk gS ftldk dkj.k eSa bu xkfM+;ksa dks vius Mªkboj ls pyokdj fodkl nqcs ds ikl ys tk jgk Fkk fd iqfyl dh lfØ;rk ns[kdj eSa ?kcjk x;k rFkk tYnckth esa eSaus rhuksa xkfM+;ksa dkdknso {ks= esa fot; uxj pkSjkgk ds ikl uEcj IysV iyV djds yxk nh Fkh rkfd dksbZ xkfM+;ksa dks igpku u ik;s lkgc eq>s bl ?kVuk dh iwjh tkudjh Fkh eSaus bl dk;Z esa fodkl nqcs dh en~n dh gS eq>ls xyrh gks xbZ gSA C;ku vfHk;qDr Á'kkUr 'kqDyk mQZ MCcw iq= Jhd`".k dkUr 'kqDyk fuoklh 8@119 vk;Z uxj Fkkuk dksguk dkuiqj uxj mez djhc 47 o"kZ us iwNus ij crk;k fd lkgc o"kZ 2005 esa esjh 'kknh fod# esa vkse Ádk'k nqcs dh iq=h jatuk nqcs ls gqbZ rHkh ls esjh tku igpku fodkl nqcs ls gks xbZ Fkh D;ksafd fodkl nqcs esjh iRuh ds ifjokj dk gh gS fodkl nqcs dbZ ckj tsy x;k rks eSaus bldh en~n dh fnukad 02-07-2020 dks okV~l vi dky }kjk fodkl nqcs us eq>s crk;k fd eq>s iqfyl okyksa dks fBdkus yxkuk gS rqe esjh en~n djks rFkk t;dkUr oktis;h dks vius lkFk ysdj esjs xkao vk tkvks rks eSa t;dkUr cktis;h dks ysdj fnukad 02-07-2020 dks 'kke ds le; xzke fod# x;k Fkk ogka ij t;dkUr cktis;h us fodkl nqcs 2 yk[k #i;s o 25 dkjrwl fn;s Fks eSaus Hkh vius ikl ls 50 gtkj #i;s fodkl nqcs dks fn;s Fks rkfd t#jr iM+us ij eqdnek vkfn esa odhy vkfn dks nsus esa dke vk lds] fodkl nqcs us ge crk;k Fkk fd iqfyl okyksa us eq>s idM+us dk Iyku cuk;k gS ijUrq tSls gh iqfyl okys esjs ?kj ij vk;sxs eSa mudks ekSr dh uhan lqyk nwaxk ,d dks Hkh ftank ugha tkus nawxk rc eSaus dgk Fkk fd Bhd jgsxk ge ls tks enn gksxh ge djsaxsa rks fodkl nqcs us dgk fd tc eSa [kcj Hkstwaxk rks t;dkUr cktis;h dh rhuksa xkfM+;ka ysdj tgka eSa crkÅxka ogka vk tkuk geusa dgk fd Bhd gS ge vk tk;saxsaA blds ckn ge yksx ogka ls pys vk;s FksA vxys fnu lqcg [kcj feyh Fkh fd fodkl nqcs us 8 iqfyl okyksa ds ekSr ds ?kkV mrkj fn;k gS mlds ckn fnukad 04-07-2020 dks eq>s lwpuk feyh Fkh fodkl nqcs us t;dkUr oktis;h dh xkfM+;ka f'koyh esa eaxkbZ gS rks eSaus t;dkUr cktis;h dks iwjh ckr crkbZ t;dkUr oktis;h xkfM+;ka ysdj fodkl nqcs o mlds xSax dks ysus tk jgk Fkk fd iqfyl dh lfØ;rk ds pyrs o xkM+h dkuiqj uxj ls ckgj ugha ys tk ik;k rFkk xkfM+;ksa dks Mj ds ekjs dkdknso {ks= esa NksM+dj pyk vk;k Fkk lkgc eq>ls xyrh gks x;h tks eSaus fodkl nqcs dk "kM;U= esa lkFk fn;kA 16. He has further drawn the attention of this Court toward C.D. Parcha No.107 of Case Crime No.192 of 2020 which is reproduced as under :- ^^vfHk;qDr foiqy nqcs iq= Lo0 vrqy nqcs fu0 xzke fcd# Fkkuk pkScsiqj tuin dkuiqj uxj mez 23 o"kZ iwNus ij crk jgk gS fodkl nqcs gekjs [kkunku ds Fks - - - ehfVax esa r; ;kstuk ds vuqlkj fodkl nqcs us vlykg dkjrwl o ceksa dh O;oLFkk dh o ge lHkh yksxksa dks vlykg dkjrwl miyC/k djk;s x;s eSausa fodkl nqcs ls feyrs gq;s o dkjrwl vlykg o iSls nsrs gq;s fodkl if.Mr th ds ifjfpr t;dkUr oktis;h] Á'kkUr 'kqDyk] vjfoUn f=osnh mQZ xqM~Mu o lq'khy frokjh ;kstuk esa 'kkfey jgsA vlykg o iSls o dkjrwl miyC/k djk;s rFkk Hkfo"; esa Hkh iwjh lgk;rk djus dk opu fn;k FkkA vDlj t;dkUr oktis;h] Á'kkUr 'kqDyk] vjfoUn f=osnh mQZ xqM~Mu o lq'khy frokjh fodkl nqcs ds ikl vk;k djrs Fks rFkk ;g pkjksa yksx fodkl nqcs ds #i;ksa dks C;kt ij yksxksa dks fn;k djrs FksA bu pkjksa yksxksa dh fodkl nqcs ls cgqr vf/kd ?kfu"Brk FkhA ;g pkjksa yksx ml le; ekStwn ugha Fks tc yksxksa }kjk iqfyl okyksa ij Qk;fjax dh tk jgha FkhA** 17. He has further drawn the attention of this Court toward C.D. Parcha No.8 of Case Crime No.0238 of 2020 relating to the incident of the Car purchased and used by the applicant on the basis of fabricated documents, which is reproduced as under :- ^^Jhekuth eqdnek mijksDr esa ipkZ u- 7 fnukad 29-07-2020 dks fdrk dj lsok esa Ásf"kr fd;k tk pqdk gS vkt eSa foospd iqu% dk;Z ljdkj ls QqlZr ikdj el#Q foospuk gksdj lUuh eksVlZ ÁkbZosV fyesVsM ds lks#e Qqyckx vk;k tgka ij lks#e ds eSustj fi;w"k 'kqDyk feys muds }kjk okgu Ø; fd;s tkus gsrq fn;s x;s okgu Lokeh jkgqy flag dk isu dkMZ u0 CIVPS2090B] vk/kkj dkMZ u0 428795632093] ;wfu;u cSad }kjk lUuh eksVlZ ÁkbZosV fyesVsM ds uke tkjh cSad MªkV la[;k 47660 rFkk chlh ua0 32447660 tks fnukad 17-07-17 dk 2400000 ¼pkSchl yk[k½ dk gS rFkk cSad MªkV la[;k 44766 rFkk ohlh u0- 32447661 tk #i;k 547022 #i;s tks lUuh eksVlZ ÁkbZosV fyfeVsM ds ,dkm.V is;h gS rFkk lUuh eksVlZ ÁkbZosV fyfeVsM ,u,p 2 #ek bZ0 ,fj;k ds lfoZl lsUVj }kjk fn0 09-03-2020 dk okgu la0 ;wih 78 bZMCyw 7070 QkpZwuj dh lfoZl dh fMVsl tks fd ukfet vfHk;qDr t;dkUr cktis;h ds lxs HkkbZ 'kksfHkr cktis;h ftldk eks0 ua0 8953655574 gSA ds }kjk lfoZl djk;k tkuk ÁkIr djk;k x;k gSA rFkk vU; rkjh[k dks djk;s x;s lfoZl dk dqy 4 odZ fn;s x;s rFkk muds }kjk crk;k x;k fd mijksDr okgu dh lfoZl 'kksfHkr cktis;h }kjk gh djk;s tkrs Fks lfoZl lsUVj ij mlh ds eks0 ua0 lfoZl ysus okys fnu vafdr gSA ckn voyksdu mijksDr Ái= layXu lhMh fd;k tk jgk gSA rc i'pkr Fkkuk gktk vk;k ogka ij Fkkuk dk;kZy; ls ÁIr ;wfu;u cSad vkWQ bfUM;k flfoy ykbu czkUp ds [kkrk la[;k 686804010000009 tks fd jkgqy flag ds uke gS ftlds mijksDr ,dkm.V ls Hkh mijksDr okgu QkpwZuj ds fy;s x;s yksu ds ,dkm.V esa iSls VªkalQj fd;s x;s gS dk fMVsy ÁkIr gqvk ftlesa fn- 15-07-2017 dks #i;k 200000 ujk;u flag rFkk blh fnu 200000 #0 vo/ks'k flag ds ,dkm.V ls VªkalQj vk;k gS rFkk fn0 30-01-2018 dks 1000000 vo/ks'k flag rFkk fn0 29-01-2018 dks dS'k 1000000 #i;k tek fd;k x;k gS rFkk fn0 31-01-2018 dks vuq'dk ,UVj ÁkbZtst ls 55000 #i;s vk;k gSA rFkk fn- 29-05-2018 dks 7500000 ,dkm.V ua0 686803030000203 ls ,QMh dk VªkalQj vk;k gSA rFkk fn0 29-09-2018 Js"B fcYMj Ák0 fy0 ls 4415500 #i;k mijksDr ,dkm.V esa vk;k gSA rFkk mlh fnu vuq'dk ,UVj ÁkbZtsl ls mijksDr 4415500 #i;k VªkalQj fd;k x;k gSA** 18. He further draws the attention of this Court toward C.D. Parcha No.09 of Case Crime No.0238 of 2020 relating to the delivery of the car was received by present applicant namely Jay Kant Bajpayee, which is reproduced as under :- ^^Jhekuth eqdnek mijksDr esa ipkZ u0 8 fnukad 03-08-2020 dks fdrk dj lsok esa Ásf"kr fd;k tk pqdk gS vkt eSa foospd iqu% dk;Z ljdkj ls QqlZr ikdj el#Q foospuk gqvk Fkkuk dk;kZy; ls vkMh dEiuh ls fnukad 04-08-2020 dk uksfVl vUrXkZr /kkjk 91 lh0vkj0ih0lh0 dk tokc ÁkIr gqvk ftlds vuqlkj #i;k ukS yk[k ipkl gtkj #i;s Áeksn dqekj fo'odehZ ds }kjk usV vkjVhth,l vkbZlhvkbZlh vkj 52019102500679827 dEiuh dks dh x;h gSA fMyhojh pkyku ij Áeksn fo'odekZ ds gLrk{kj gS okgu dh pkch t; oktisbZ dks nh x;h gSA rFkk fMyhojh ds ckn fnukad 15-06-2020 dks t; oktis;h ds HkkbZ 'kksfHkr oktis;h ftldk eksu0 8953655574 gS ds }kjk lfoZl lsUVj ij vkMh dk lfoZl djk;k x;k gS rFkk #i;k 5500@ 'kksfHkr oktis;h }kjk ØsfMV@MsfcV dkMZ ftlds vUr esa 8407 gS ls Hkqxrku fd;k x;k gSA okn voyksdu mijksDr Ái= layXu lhMh fd;k tk jgk gS -------------- Fkkuk dk;kZy; ls okgu la[;k ;wih 78 ,Qlh 7070 gq.MbZ ojuk ds yksu gsrq fy;s x;s 883034 #0 ,dkmUV uEcj 413908411000150 fot; cSad ¼orZeku cSad vkWQ cM+kSnk½ v'kksd uxj }kjk Hkstk x;k LVsVesUV d voyksdu ls dfiy flag pkSgku ds nwljs lsfoax ,dkm.V 713901011001187 ls mijksDr fdLr dk #i;k 10460@ #i;s yksu dh dVkSrh gksrh gSA ftldk okn voyksdu layXu lhMh fd;k tkrk gSA fo/kkulHkk lfpoky; mRrj Áns'k }kjk fnukad 30 tqykbZ 2020 dk i= la[;k 935@fo0l@i0dk0@02¼i½@20 ÁkIr gqvk ftls ckn voyksdu layXu lhMh fd;k tkrk gSA** 19. He further draws the attention of this Court toward C.D. Parcha No.31 of Case Crime No.0238 of 2020 which statement present applicant namely Jay Kant Bajpayee, who states that he used the vehicle with fabricated documents of the Secretariat, which is reproduced as under :- ^^c;ku vfHk;qDr---------t; oktis;h mQZ t;dkUr oktis;h iq= y{eh dkUr oktis;h fuŒ 11@478 cg~euxj Fkkuk uthjkckn tuin dkuiqj uxj vLFkkbZ irk xzke fnyhi uxj Fkkuk f'koyh dkuiqj nsgkr mez 37 o"kZ us iwNus crk;k fd eSa dqy ikap HkkbZ o nks cgus ftuds uke Øe'k% 1 vt; dkUr 2 jt; dkUr 3 eSa Lo;a t;dkUr 4 jkgqy 5 kksfHkr rFkk cgus 1 e/kq 2 usgk gS 'kksfHkr ds vykok lHkh dh 'kknh gks x;h gSA eSa tehu tk;nkr o C;kt ij iSls nsus dk dk;Z djrk gaw y{eh bySDVªhd dh nqdku esjh gh gSA Vks;ksVk dEiuh dk QkP;wZuj ftldk uEcj ;wih 78 bZ MCY;w 7070 gS ij fo/kk;d fo/kkulHkk lfpoky; dk dwVjfpr ikl Á;ksx fd;s tkus ds lEcU/k esa iwNk x;k rks mlus vkSj dgk fd vc gels tks xyrh gks x;h lks gks x;h vkSj viuh xyrh dh ekQh ekaxrs gq, b/kj m/kj dh ckrs djus yxkA mijksDr fo/kkulHkk ikl ds fo"k; esa iwNk x;k rks mlus crk;k fd eSa o jkgqy flag y[kuÅ esa fo/kkulHkk ds ikl x;s Fks ogka ij ge yksxksa us fo/kkulHkk ikl LdSu dj fy;k Fkk LdSu djus ds ckn esa fo/kkulHkk ikl gqcgq cukdj ml ij QkP;wZuj dk uEcj fy[k fn;k FkkA ftlls dgh vkus tkus ij jksdk Vksdh u gks o cSfj;j vkfn ls fcuk jksd Vksd ds vk tk lds o iSlk Hkh u nsuk iM+sA-----------** 20. He has again drawn the attention of this Court toward C.D. Parcha No.36 of Case Crime No.0238 of 2020 which shows that the recovery made on the pointing out of Jay Kant Bajpayee of 10 fabricated number plates of the cars amongst recovery, which is reproduced as under :- ^^Jheku th eqdnek mijksDr es ipkZ uŒ35 fnukad 29-10+-2020 dks fdrk dj lsok es izsf"kr fd;k tk pqdk gS vkt eS foospd iqu% dk;Z ljdkj ls QqlZr ikdj el:Q foospuk gksdj ekuuh; U;k;ky; lh,e,e dkuiqj ds vkns'k ls vfHkŒ t;dkar oktis;h dh iqfyl dLVMh gsrq ftyk tsy ekrh vk;k fu;ekuqlkj le; 08-35 cts viuh dLVhMh es ysdj Fkkuk gktk mifLFkr vk;k o iwNrkN ds ckn o mEehn cjkenxh Fkkuk gktk ls jiV uaŒ23 le; 9-40 cts izLFkku dj fot; uxj jks'kuh p'es ds lkeus nwljh iVVh ekglsB fdjkuk LVksj ds lkeus vk;k tgka ij ihlhvkj canh mijksDr us xkMh jksdus dk b’kkjk fd;k rks VkVk lweks ljdkjh jksdh x;hA ihlhvkj canh mijksDr dks gejkg x.k dh fuxjku es uhps mrkjk x;kA ekSds ij turk ds dkQh yksx vk x;s ftUgs edln crkdj muds drZO;ks dk cks/k djkrs gq;s xokgh dks dgk x;k rks fouksn feJk iq= Lo jkenqykjs fuŒ 203@8 fot; uxj dkdknso dkuiqj uxj rS;kj gSA ge iqfyl okyks us vkil esa ,d nwlj o xokg dh tkek ryk'kh ys nsdj fo'okl fd;k fd fdlh ds Hkh ikl cjkenxh ls lacf/kr dksbZ oLrq ugha gSA ihlhvkj cUnh mijksDr vkxs vkxs pydj fMokbZMj ds vUnj xzhu csYV ij ekStwn >kfM+;ks ds vanj tgka ij dwMk iMk gSA dks gVkdj ,d dkys jax dh IykfLVd dh iUuh fudkydj ftuds vanj j[kh dqy 10 vnn dwVjfpr uEcj IysV ftues ls ,d ij dksbZ uEcj ugha gSA rFkk dqN ij QthZ o dwVjfpr uEcj tks fd iwoZ ls nkf[ky xkfM+;ks ds ugha gSA fudkydj nsrs gq, crk;k fd lkgc xkM+h [kMh djus ds ckn iqfyl ds Mj ls fNik fn;k Fkk bles QkpwZuj vkSj vkMh ds uEcj gS ckdh lHkh ij dwVjfpr QTkhZ uEcj vafdr gSA dks eq>s foospd o gejkghx.k Rfkk xokg dks fn[kk;k x;k rks cjken uEcj QksVks dk fooj.k fuEuor gSA 1- okgu la[;k ;wih 78 bZMCyw 7070 ftlds ihNs QkpwZuj fy[kk gSA 2 vnn 2- okgu la[;k ;wih ,QokbZ 9555 ftlds ihNs vkMh , 3 fy[kk gS 1 vnn rFkk 3] fcuk uacj dh IysV ftlds ihNs vkMh ,3 fy[kk gSA 1 vnn rFkk dwVjjfpr IysV4] okgu la[;k ;wih 78 MhokbZ 1188 lQsn jax 2 vnn 5 okgu la[;k ;wih 32 ,QVh 1444 lQsn jax dh 2 vnn 6] okgu la[;k ;wih 32 ,QD;w 1632 lQsn jax 1 vnn rFkk 7] okgu la[;k ;wih 3 ,QD;w 632 lQsn jax ftlds nks vad feVk;s x;s gS 1 vnn mijksDr lHkh uEcj IysVksa dh yEckbZ 2 ckfYkLV 3 vaxqy rFkk pkSMkbZ 7 vaxqy gSA ihlhvkj canh }kjk cjken djk;s x;s lHkh rEcj IysVks dks mlh dkyh iUuh esa j[kdj lQsn diM+k es lhy loZ eksgj djs uewuk eksgj rS;kj fd;k x;kA nkSjkus dk;Zokgh o cjkenxh loksZPp U;k;ky; o ekuokf/kdkj vk;ksx ds vkns'k funs'kksa dk vuqikyu fd;k x;k QnZ cjkenxh ekSds ij fy[kdk i&#2338dj lqukbZ loZ lEcf/kr o xokgh ds vykekr cuok;s x;sA mijksDr uEcj IysV le; djhc lqcg 10-00 cts dCtk iqfyl es fy;k x;kA rRi'pkr vfHk;qDr dks Fkkus ds ykdi esa fu;ekuqlkj ysdj ckn esMhdy ekŒ U;k;ky; mifLFkr vk;k vfHk;qDr dh vkt U;kf;d vfHkj{kk fjek.M dh Hkh frfFk gS eqdnek mijksDRk es lk{; ladyu gqvk vU; vfHk;qDr dh fxjrkjh 'ks"k gSA vr% ekŒU;k;ky; ls vuqjks/k gS fd vfHk;qDr dk 14 fnol dk U;kf;d vfHkj{kk fjek.M iznku djus dh d`ik djsA^^ 21. He further draws the attention of this Court toward C.D. Parcha No.46 of Case Crime No.0238 of 2020 which is the statement of independent witnesses stating therein that he saw the applicant using the Fortuner car on which entry pass of Secretariat was pasted, which is reproduced as under :- ^^c;ku xokg gsŒdkŒ 934 Qwyu flag iky Fkkuk dkdknso dkuiqj uxj us iwaNus ij crk;k fd esjh fnuakd 04@5 tqykbZ 2020 dks jkf= vf/kdkjh dh gejkg M;wVh Fkh dks lqcg yxHkx 07-55 cts Mk;y 112 dh lwpuk ij ge lHkh yksx fot; uxj frjkgk ij LVkj gkml ds lkeus igqapk rks ogka ij Jhefr Å"kk tqustk o muds ifr fou; tqustk ekStwn FksA dkys jax dh rhu fcuk uEcj dh okgu Øe'k% gq.MbZ ojuk] vkMh rFkk Vks;Vk dh QkP;qZuxj [kMh FkbZA QkP;qZuj ij fo/kkulHkk lfpoky; y[kuÅ dk ikl yxk FkkA dqN nsj ckn pkSdh izHkkjh 'kkL=huxj e; gejkg Hkh ekSds ij vk x;sA mlds ckn ge lc okil Fkkuk gktk vk x;kA bl izdkj c;ku fn;sAa C;ku xokg dkŒ 1613 lqHkk"k pUn Fkkuk dkdknso dkuiqj uxj us iwaNus ij crk;k fd esjh fnukad 04@4 tqykbZ 2020 dks ljdkjh okgu pykus dh M;wVh Fkh rks lqcg yxHkx 07-55 cts Mk;y 112 dh lwpuk ij ge lgh yksx fot; uxj frjkgk ij LVkj gkml ds lkeus igqpk rks ogka ij Jhefr Å"kk tqustk o muds ifr fou; tqustk ekStwn FksA dkys jax dh rhu fcuk uEcj dh okgu Øe'k% gq.MbZ ojuk] vkMh vkSj Vks;Vk dh QkP;qZuxj [kMh FkbZA QkP;qZuj ij fo/kkulHkk lfpoky; y[kuÅ dk ikl yxk FkkA dqN nsj ckn pkSdh izHkkjh 'kkL=huxj e; gejkg Hkh ekSds ij vk x;sA mlds ckn ge lc okil Fkkuk gktk vk x;kA bl izdkj c;ku fn;sA^^ 22. He further draws the attention of this Court toward C.D. Parcha No.50 of Case Crime No.0238 of 2020 which is the statement of the Samiksha Adhikari, Vidhansabha Sachivalaya, which is reproduced as under :- C;ku xokg Jh vk'kh"k lksudj leh{kk vf/kdkjh fo/kku lHkk lfpoky; mŒizŒ y[kuÅ iVy dk;kZy; us iwNus ij mijksDr okgu dh ikl dh tkap i=kad laŒ932@foŒlŒ@iŒdkŒ@02¼i½@20 fnukad 22-07-2020 dks tkjh Jh c`tHkw"k.k nqcs fo'ks"k lfpo fo/kkulHkk lfpoky; mŒizŒ iVy dk;kZy; y[kuÅ }kjk gLrk{kj dj tkjh fd;k x;k gSA ftldh ewy izfr vkidks izkIr djk nh gSA mijksDr okgu ds lEca/k esa fo/kku lHkk lfpoky; ls dksbZ ikl tkjh ugh fd;k x;k FkkA 23. He further draws the attention of this Court toward C.D. Parcha No.63 of Case Crime No.0238 of 2020 which is the statement of the Rahul Singh, who states that he had nothing to do with the car in question and also that Jay Kant Bajpayee had purchased the car in question and using the same, which is reproduced as under :- ^^c;ku vfHk;qDr% jkgqy flag mQ fMih iq= banziky flag fuoklh 19@246 pdjiqj Fkkuk lpsMh tuin dkuiqj uxj gky irk f'ko /kke vikVZesaV QSV ucaj 203 Fkkuk iudh dkuiqj uxj mez yxHkx 46 o”kZ us iwNus ij crk;k fd eS rhu HkkbZ vkSj cgu gw lcls cMk eSa gwa rFkk eS ,d Ldwy lpsanh es pykrk gwa rFkk izksiVhZ rFkk fpVQaM dk O;kikj Hkh djrk gwW esjs ifjfpr vkyksd 'kqDyk tks esjs lkFk izkiVh dk O;kikj djrs gS rFkk iudh es jgrs gS mUgksus gh eq>s t;dkar oktisbZ ls feyk;k Fkk RkFkk crk;k Fkk fd t; dkUr cktisbZ dks ns fn;k t; dkar esjk lkyk gS rFkk C;kt ij iSLkk pykrk gS blds ikl cgqr iSls gS tks ge yksxks ds dke vk,xk rFkk ;g xkM+h ysuk pkgrk gS rks eSus vius uke ij xkMh 2017 es ysdj t;dkar cktisbZ dks ns fn;k t; dkar us Loa; 'kks:e esa tkdj xkM+h fjlho dh Fkh t;dkar dHkh dHkh eq>ls feyrk Fkk tks xkMh ij fo/kkulHkk lfpoky; dh dwV jfpr ikl Fkh og ikl t; dkar cktisbZ us cuok;k Fkk xkM+h fdLr ij Fkh fdLr dk iSlk esjs ;wfu;u cSad vdkamV ls dVrk Fkk fnukad 05@07@2020 dks tc t; dkar oktisbZ dh 3 xkfM;k fot;uj jkgqy LohV ds ikl ls dkdknso iqfyl ysdj Fkkus ij xbZ Fkh vkSj iathd`r xkMh ekfyd dks iwNrkN ds fy, cqyk jgh Fkh rks eq>s ekywe Fkk fd esjs uke dh QP;wZuj xkMh ij dwVjfpr QthZ ikl yxk gS blfy, iqfyl eq>s fxjrkj djds tsy Hkstuk ns eS Fkkus ij ugha vk;k Fkk vkSj iqfyl ls cpus ds fy, yqd fNi dj LFkku cny cny dj jg jgk Fkk tc iqfyl esjs ?kj ij tkdj MqxMqxh vkfn ctkbZ RkFkk esjs firk ls iwj ?kj dh dqdhZ djus dh ckr dgh rc eSa U;k;ky; es vkdj gkftj gks x;k dwV jfpr ikl dgka ls cuk tc ;g iwNk x;k rks jkgqy flag pqi jgk vkSj cksyk fd eq>s ugha ekywe ikl t;dkar us gh cuok;k Fkk vkSj dgk Fkk bldk cgqr ykHk gS vkSj ge yksxks dk Hkkodky Hkh jgsxk lkgc eq>ls xyrh gks xbZ eS iSls ds ykyp es vk x;k Fkk eq>s ekQ dj nhft, bl izdkj c;ku fn;kA vfHk;qDr dk c;ku ysus ds ckn vLFkkbZ tsy pkScsiqj ds thMh uEcj 44 le; 19-15 cts fu;ekuqlkj jokuxh ntZ djk;k x;kA^ 24. Perusal of the above shows that the accused applicant certainly helped Vikas Dubey and always closed his eyes towards the criminal activities of the gang of Vikas Dubey. He, during the incident, maintained distance. In case of such an organized crime where even members of police force were assisting the gangster and his group, it is not possible to have a direct evidence. Moreover, in a case of conspiracy, there is no possibility of direct evidence. The evidence which can be available is only circumstantial in nature and may be in the form of inaction on the part of the accused applicant who, in his endeavour to assist the accused persons, kept himself out from the picture. Therefore, the conclusion of conspiracy is to be drawn from the circumstances of the case and the situation that the applicant being a criminal minded person was indulged in assisting gangster Vikas Dubey and his gang, and all the paper work was done with the assistance of the applicant. 25. Moreover, it has been also pointed out on behalf of the State that, on being arrested, gangster Vikas Dubey gave statement to the Investigating Officer revealing that the accused applicant use to assist gangster Vikas Dubey by providing him money and ammunition. The gangster is dead and his statement given to police is legally admissible as the same is statement of a dead man. Therefore, it has been submitted that taking into consideration over all circumstances, the culpability is writ large and the accused applicants do not deserve to be released on bail. 26. This case raises certain serious questions which relate to administration of criminal justice system in the country with reference to organized crime and criminals and the role and efficiency of police force in combating the problem. The police force is one of the most important force with great potential, easily approachable to the people facing criminal wrong and law and order problem and the most visible component of the criminal justice system. Like other departments, there has been a general fall and deterioration in the standard of functioning of the police force also. With time, it has been seen that the police force, not as a whole, but in small groups, has gone through a phase of moral and professional deterioration. Like other departments, there has been a general fall and deterioration in the standard of functioning of the police force also. With time, it has been seen that the police force, not as a whole, but in small groups, has gone through a phase of moral and professional deterioration. There are black sheep also in the police force and they reflect upon the whole department which has led to growing concern, and a number of attempts have been made to mend this situation. In this direction, the past few years have been particularly eventful, with a number of positive developments having taken place towards a solution of the problem and the State appears to have observed zero tolerance policy towards organized crime and criminals. Strict and rigorous steps have been taken to break and demolish financial network of gangsters. In future, this shall certainly bring about more and more positive results towards restricting criminal activities and organized crime. 27. Organized crime is not confined to a single state, or any one country and has become an international problem in view of their wide spread network and sometimes they have been also found to be a naturalally of terrorist groups. Organized crime is an act of threat involving murder, kidnapping, gambling, arson, robbery, burglary, extortion or dealing in narcotics or dangerous drugs and other crime. The basic features of organized crime involves a group of individuals that is structured, sophisticated and widely spread across nations; it is a section of society that seeks to operate outside control of the people and government and it is a self-perpetuating, continuing criminal conspiracy for profit and power, using fear and corruption and seeking protection from law. The focus areas of organized crime are smuggling, drug trafficking, women and child trafficking, arms trade, hawala, circulation of fake currency, extortion and contract killing. With financial solidarity, these criminals have entered into business of film financing, hotel business, house building, government contracts and the like. The gangsters are divided into three categories, namely, sharp shooters, money collectors and liaison agents. The liaison agents deal with lawyers and law enforcement officials to resolve legal problems and to ensure easy bail to gangsters. 28. The police force faces some real difficulty in combating with organized crime and criminal activities. The gangsters are divided into three categories, namely, sharp shooters, money collectors and liaison agents. The liaison agents deal with lawyers and law enforcement officials to resolve legal problems and to ensure easy bail to gangsters. 28. The police force faces some real difficulty in combating with organized crime and criminal activities. The police personnels are mostly not provided with that kind of sophisticated arms which are available in plenty to the gangsters and their gang members. The police stations are mostly undermanned and the strength of police force is remarkably less in comparison to the population. The police has to act in accordance with legal norms and while acting so, they are required to avoid any excesses and human rights violation. They have to behave like a disciplined force actuated to uphold rule of law and motivated by sense of public security and service. The force also face the problem of some police personnels who may be close and in collusion with the local mafia. They can leak the confidential informations and strategy of police for taking action and conducting raid to arrest the gangsters. On the contrary, the organized criminals keep with them all kinds of sophisticated weapons, they use the same indiscriminately and they can cause any amount of damage to the human life and property. Where they are having support from some members of police force, their potential to execute criminal act is adequately enhanced. 29. The problems of police force has been time and again highlighted by several Law Commissions appointed for making recommendations for police reforms and needless to point out that several recommendations have been suggested from time to time. The police in the country faces tremendous challenges and works under extreme pressure due to a number of reasons such as growing unemployment, deterioration in educational environments, conflicting claims of socio-economic components, fluctuations in political order, rampant corruption etc. Frequent transfers to unfavorable positions or locations have demoralizing effects on the police force and it becomes a survival technique for police to have close relationship with one or other political person. 30. The purpose of the above discussion is to show the prevalent conditions in which the police has to perform the complicated and difficult job of ensuring law and order, maintaining security and peace, preventing crime and taking action against and causing arrest of offenders. 30. The purpose of the above discussion is to show the prevalent conditions in which the police has to perform the complicated and difficult job of ensuring law and order, maintaining security and peace, preventing crime and taking action against and causing arrest of offenders. These all require home work and team work and if any member of police force starts giving clues about and leak the police strategy, the strategies are bound to fail and shall certainly result sometimes, particularly when police is confronting against organized crime and criminals, in disastrous situation as has resulted in this case. In such situation, policing such police personnels is a big task and it requires early identification of such black sheep, monitoring of their conduct, isolating them and taking immediate strict disciplinary action against them. 31. Now coming to the facts of this case. The accusation against the accused-applicant is that he had close friendly relationship with the gangster Vikas Dubey who used forged entry passed of the Secretariat, State of Uttar Pradesh by affixing the same on the vehicle having No.UP78-EW7070; this vehicle was used by the applicant to provide the safe passage to the slain dacoit Vikas Dubey who was the author of Bikru Massacre. 32. Submission, in this respect, from the side of accused-applicant is that the statement of Vikas Dubey is not relevant against accused-applicant. 33. From the side of State, it has been contended that the statement of Vikas Dubey is statement of a dead man and it has legal effect under section 32(3) of the Indian Evidence Act and therefore, the statement can be well considered against the applicant. Section 32(3) provides as follows: "32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant. --Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:--(3) or against interest of maker. --When the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages." 34. It is clear from the reading of section 32(3) that statement of a dead man has been legally recognized and used in evidence even though the same does not relate to the cause of his death. Although, a final view is not required to be expressed at this stage as the same will be considered by the trial court, yet, this much is clear that the statement is of a dead man and the same has legal relevance in view of the provision of the Evidence Act. 35. C.D. Parchas has been drawn to the attention of the Court to show the relationship of accused-applicants with the gangster. 36. From the side of the State it has been also pointed out that the incident took place in the notified area under the UP Dacoity Affected Area Act and due attention is required to be given to the law provided under section 10 of the Act. The relevant part of Section 10 is as below: "10. Special provisions regarding bail. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused or convicted of a scheduled offence shall, if in custody, be released on bail or on his own bond, unless- (a) the prosecution has been given an opportunity to oppose the application for bail, and (b) where the prosecution opposes the application for bail, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence:....…" 37. Submission is that after investigation, finding sufficient evidence, charge-sheet has been already submitted by police and at this stage there is no reason to believe that the accused - applicant is innocent. 38. From the side of accused-applicant, it has been pointed out that the allegations have been made by the witnesses mostly in the last part of their statements and a reading thereof shows that the words and expressions used are same and similar which is not possible if statements have been given by the witnesses individually and separately. 38. From the side of accused-applicant, it has been pointed out that the allegations have been made by the witnesses mostly in the last part of their statements and a reading thereof shows that the words and expressions used are same and similar which is not possible if statements have been given by the witnesses individually and separately. This contention appears to have no weight as it has been rightly pointed out on behalf of the State that all the statements are part of CD and a view at this stage has to be taken after due consideration to all the material on record. 39. It has been also argued from the side of accused-applicant that investigation has been completed and charge-sheet has been already filed in this matter. The applicants are in jail from the last more than two years. Their pretrial detention for such a long period is resulting in deprivation of their right to liberty and freedom. The learned Senior counsel for applicant and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 . Therefore, it has been requested that, taking into consideration overall circumstances and the long period to which applicant is in jail, the court should take sympathetic view and the applicant should be released on bail. 40. This court is not oblivious about the fact that the release on bail is crucial to the accused as the consequences of pretrial detention are grave. If release on bail is denied to the accused, it would mean that though he is presumed to be innocent till the guilt is proved beyond reasonable doubt, he would be subjected to the psychological and physical deprivations of jail life. The jailed accused loses his job and is prevented from contributing effectively to the preparation of his defence. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family. But, if the accused is involved in a conspiracy for commission of a heinous offence by a hardened criminal, his release on bail will give him an opportunity to abscond or temper with witnesses. Against such crime, social reaction is also sharp. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family. But, if the accused is involved in a conspiracy for commission of a heinous offence by a hardened criminal, his release on bail will give him an opportunity to abscond or temper with witnesses. Against such crime, social reaction is also sharp. Therefore, a balance between the need for protection of individual liberty which is so important and the requirements of the society for being shielded from the hazards of being exposed to the misadventures of organized crime has to be maintained. 41. The criminal justice system is often criticized for its pro-active approach towards the accused. The rights of the accused are protected not only during trial but also during investigation and even after the delivery of judgment, more particularly when the case has resulted in conviction. The accused cannot be kept in police custody unless with the order of Magistrate and that too is possible only within first fifteen days of his arrest. The bail provisions are liberal and for arresting the accused there must be prima facie evidence collected by the Investigation Officer. He can also be released on anticipatory bail. The accused cannot be put to cruel or inhuman treatment at any stage. There is a strong presumption of innocence in favor of accused and consequently, it creates a heavy burden on prosecution to establish the guilt beyond any shadow of reasonable doubt. The accused has been given constitutional protection against self incrimination and he has right to keep silence throughout and his silence will not be taken adversely against him. Moreover, he enjoys all the rights associated with his fair trial claim including free legal aid and impartial justice delivery. Thus, protection of rights of accused is natural feature of democracy which is accorded for the simple reason that the criminal law machinery is controlled by the State. 42. Crime, corruption and population are three major problems the society is facing at present. While against crime and corruption, particularly when it is organized crime and corruption, strict state action and intervention is necessary to restrict and minimize the same to maximum extent, control over population growth requires legal steps and strategy inclusive of motivation, spread of education and awareness and some positive incentive to those who opt for family planning. While against crime and corruption, particularly when it is organized crime and corruption, strict state action and intervention is necessary to restrict and minimize the same to maximum extent, control over population growth requires legal steps and strategy inclusive of motivation, spread of education and awareness and some positive incentive to those who opt for family planning. Against crime and corruption, the State must continue with the policy of zero tolerance. The political parties should rise above board against crime and corruption without being influenced by consideration of "his man" and "our man" as this approach will not only undermine rule of law but will also damage the democratic set up of the nation. 43. The pursuit of life, liberty and peace includes freedom from crime. The State's foremost duty is to provide these basic rights to each citizen. The success of a Criminal Justice System can only be measured by how successful it is in ensuring these rights in word and spirit. The extent to which these rights are successfully protected, will be reflected in the confidence of the public in the system. The organized crime should be treated differently from traditional individual criminality. Conspiracy is an integral aspect of organized crime. There cannot be a direct evidence of conspiracy in such cases and the law has to deal with organized crime on a footing different from that of individual or conventional crime, as regards admissibility and appreciation of the evidence. 44. The discussion aforesaid certainly goes to show that the nature of offence and amount of culpability is serious, heinous, shocking and unprecedented. 45. In view of the above discussion, the serious and heinous nature of the offence, complicity of the accused-applicant in the conspiracy and taking into consideration overall circumstances of the case, I do not find any reason sufficient to allow the bail application. Hence, the bail application of accused applicant Jay Bajpai @ Jay Kant Bajpai is hereby, rejected. 46. 45. In view of the above discussion, the serious and heinous nature of the offence, complicity of the accused-applicant in the conspiracy and taking into consideration overall circumstances of the case, I do not find any reason sufficient to allow the bail application. Hence, the bail application of accused applicant Jay Bajpai @ Jay Kant Bajpai is hereby, rejected. 46. However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, preferably within one year in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702 , if there is no legal impediment. 47. It is also made clear that no observation of this Court in this order will have any binding effect on the trial court and the case shall be decided on the basis of evidence adduced during trial.