ORDER : [Dinesh Kumar Singh, J.] 1. Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Ram Pratap Yadav, learned counsel for the applicant as well as Sri Hanuman Deen Verma, learned counsel for the complainant and Sri J.P.S. Chauhan, learned Additional Government Advocate for the State. 2. The present bail application under Section 439 Cr.P.C. has been filed seeking bail by the accused applicant in Case Crime No. 260 of 2019, under Sections 120-B, 454, 380, 447 I.P.C. and Section 3(2)(ka) of the Prevention of Damage to Public Property Act, 1984, Police Station - Phoolpur, District -Azamgarh. 3. The F.I.R. in question got registered on a written complaint of Lal Chand Yadav S/o Ram Bujharat on 04.10.2019 on the allegation that on 27.09.2019 at around 5-6 p.m. on exhortation of present accused applicant, his sons, namely, Ravikant Yadav and Dineshkant Yadav and several unknown accomplices broke open the locks of Gandhi Ashram and stolen the government property and documents. The said Gandhi Ashram was constructed by funds given by the World Bank and mobilized by the Ashram itself. After looting the government property and the documents, the said Ashram was painted by the accused applicant in pink paint and the Ashram building got occupied by the accused applicant and his sons. At the time of incident, no one was present in the premises from the Ashram. 4. On the next day, when the complainant who was In-Charge of the Gandhi Ashram came to the office and only then he could know about the incident. On the basis of the said complaint the F.I.R. in question came to be registered. 5. The said Gandhi Ashram had been constructed on the land bearing Gata No. 113 which is a nazool land and said building had been in the possession of the Gandhi Ashram since 1963 when its construction got completed. The accused applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram. 6. The accused applicant is another Bahubali, gangster and dreaded criminal of Eastern Uttar Pradesh which is adjacent to State of Bihar and is known for having bahubali, mafia and gangster culture. The accused applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram. 6. The accused applicant is another Bahubali, gangster and dreaded criminal of Eastern Uttar Pradesh which is adjacent to State of Bihar and is known for having bahubali, mafia and gangster culture. The accused applicant is a dreaded criminal which is evident from his long, rich but inglorious criminal history of henious offences which would include 15 murder cases under Section 302 I.P.C. He had been convicted very recently in two cases. One case, for which he has been conviced, is an offence under Section 302 I.P.C., and the other one for which he has been convicted is an offence under Section 420 I.P.C. 7. The accused applicant was two times Member of Parliament and one time Member of Lagislative Assembly of Uttar Pradesh. The rich but inglorious criminal history of the accused applicant of henious offences would disclose that he had accumulated wealth and properties of several hundred crore from the proceeds of crime, using his political clout, muscle power, mafia and don image. He had been acquitted in several cases of henious offences as he would winover the witnesses or making the witnesses tired or got them eliminated, a phenomenon which was taken note of by the Supreme Court. The people could not dare to complain against him because of his close proximity to the ruling elite, power and terror and fear, which he strikes in the hearts and mind of the people of the area. The people could not dare to complain against him because of his close proximity to the ruling elite, power and terror and fear, which he strikes in the hearts and mind of the people of the area. The rich but inglorious criminal history of the accused applicant of 80 cases is extracted hereunder: ^^mekdkUr ;kno iq= Jhifr ;kno lkŒ pdxat vyh'kkg ¼ljkok¡½] Fkkuk nhnkjxat vktexढ+ dzŒ laŒ eqŒvŒlaŒ /kkjk Fkkuk tuin 1 29@21 3¼1½ mŒ izŒ xSaxLVj ,DV nhnkjxat + vktexढ+ 2 260@19 120ch] 454]38]447 Hkknfo o 3¼2½ d lkoZŒ lEifRr {kfr fuŒ vf/kŒ Qwyiqj vktexढ+ 3 546@07 3@4 xq.Mk ,DV nhnkjxat vktexढ+ 4 56@98 147,323,504,506,427 Hkknfo o 3(1)10 ,llh@,lVh ,DV nhnkjxat vktexढ+ 5 127@97 3@4 xq.Mk ,DV nhnkjxat vktexढ+ 6 0+6@93 302 Hkknfo nhnkjxat vktexढ+ 7 194@92 364]506 Hkknfo nhnkjxat vktexढ+ 8 108@91 147]148]149]364]305]201]452 Hkknfo nhnkjxat vktexढ+ 9 16@88 147]148]149]323]324 Hkknfo nhnkjxat vktexढ+ 10 24@84 147]148]353]307 Hkknfo nhnkjxat vktexढ+ 11 94,@83 302 Hkknfo nhnkjxat vktexढ+ 12 43@77 323]325 Hkknfo nhnkjxat vktexढ+ 13 298@07 147]148]149]307]440]427]504]506 Hkknfo Qwyiqj vktexढ+ 14 36@98 147]336]307]427 Hkknfo Qwyiqj vktexढ+ 15 94@86 147]148]149]302 Hkknfo Qwyiqj vktexढ+ 16 47,@84 147]148]149]307 Hkknfo Qwyiqj vktexढ+ 17 200@83 147]148]149]302]307 Hkknfo Qwyiqj vktexढ+ 18 83@87 364 Hkknfo vgjkSyk vktexढ+ 19 87@87 3¼1½ mŒizŒ xSaxsLVj ,DV vgjkSyk vktexढ+ 20 49@83 325]323]332]504 Hkknfo nhnkjxat vktexढ+ 21 111@83 307 Hkknfo Qwyiqj vktexढ+ 22 200@83 147]148]149]307]302 Hkknfo Qwyiqj vktexढ+ 23 86@94 147]148]149]302 Hkknfo Qwyiqj vktexढ+ 24 62@86 364 Hkknfo nhnkjxat vktexढ+ 25 141@90 147]148]323]504]506 Hkknfo nhnkjxat vktexढ+ 26 62@95 3¼1½ mŒizŒ xSaxLVj ,DV Qwyiqj vktexढ+ 27 135@94 420]467]468]471 Hkknfo nhnkjxat vktexढ+ 28 137@94 25 vkElZ ,DV nhnkjxat vktexढ+ 29 104@85 504]506 Hkknfo nhnkjxat vktexढ+ 30 105@85 504]506 Hkknfo nhnkjxat vktexढ+ 31 93@14 147]148]149]302]364]201 Hkknfo nhnkjxat vktexढ+ 32 407@04 110 lhvkjihlh nhnkjxat vktexढ+ 33 241@09 110 lhvkjihlh nhnkjxat vktexढ+ 34 622@09 307]302 Hkknfo Qwyiqj vktexढ+ 35 156@06 142]143]186]353]341 Hkknfo nhnkjxat vktexढ+ 36 28@87 379 Hkknfo nhnkjxat vktexढ+ 37 132@15 147]148]323]352]506 Hkknfo nhnkjxat vktexढ+ 38 NCR-75/83 504]506 Hkknfo nhnkjxat vktexढ+ 39 NCR-118/84 323]504]506 Hkknfo nhnkjxat vktexढ+ 40 NCR-123/84 504]506 Hkknfo nhnkjxat vktexढ+ 41 NCR-168/86 323]504]506 Hkknfo nhnkjxat vktexढ+ 42 171/91 147]143]194]307 Hkknfo Qwyiqj vktexढ+ 43 307/07 147]148]353]506 Hkknfo o 7 lh,y, ,DV Qwyiqj vktexढ+ 44 22/88 171]504]506 Hkknfo nhnkjxat vktexढ+ 45 10/92 382]506 Hkknfo nhnkjxat vktexढ+ 46 86/93 3¼1½ mŒizŒ xSaxLVj ,DV nhnkjxat vktexढ+ 47 09/92 41]411 Hkknfo nhnkjxat vktexढ+ 48 121/97 3@4 mŒizŒ xq.Mk ,DV nhnkjxat vktexढ+ 49 NCR-57/86 323]504]506 Hkknfo nhnkjxat vktexढ+ 50 57/84 147]149]353]307 Hkknfo ljk;ehj vktexढ+ 51 85/89 420]467]471 Hkknfo ljk;ehj vktexढ+ 52 86/89 3@25@27 vkElZ ,DV ljk;ehj vktexढ+ 53 NCR-54/89 323]504]506 Hkknfo ljk;ehj vktexढ+ izHkkjh Mhlhvkjch vktexढ+ izHkkjh MhŒlhŒvkjŒchŒ vktexढ+A mDr laca/k esa tuin ds leLr Fkkuksa ls tfj;s vkjŒ VhŒ lsV tkudkjh dh x;h rks mijksDr vfHk;qDr ls fo:) tuin tkSuiqj esa fuEu vfHk;ksx iathd`r gksuk ik;k x;kA dzŒ laŒ eŒ vŒ laŒ /kkjk Fkkuk tuin 1 85@74 364]305]201 Hkknfo 'kkgxat tkSuiqj 2 87@92 27@25 , ,DV 'kkgxat tkSuiqj 3 36/90 302]120 ch Hkknfo 'kkgxat tkSuiqj 4 71/1985 364@302 Hkknfo 'kkgxat tkSuiqj 5 469/1990 364@302 Hkknfo 'kkgxat tkSuiqj 6 96/1990 3@25 , ,DV 'kkgxat tkSuiqj 7 NCR-NO 136/91 323@504@506 Hkknfo 'kkgxat tkSuiqj 8 109/1994 147@148@149@323@504@506@427@307 f'kxjkeÅ tkSuiqj 9 497/1997 504@506 Hkknfo 'kkgxat tkSuiqj 10 25/1998 504@506 Hkknfo 'kkgxat tkSuiqj 11 179/1995 3¼1½ mŒizŒ fxjksgcan vf/kŒ 'kkgxat tkSuiqj 12 82/1995 147@148@149@307@302@224@332@333@427 Hkknfo 7 CLA ACT G.R.P. 'kkgxat tkSuiqj 13 03/2000 419@420 Hkknfo 'kkgxat tkSuiqj 14 501/2002 3¼1½ mŒizŒ xq.Mk vf/kŒ 'kkgxat tkSuiqj 15 648/2003 147@148@149@504@302 Hkknfo 7 CLA 'kkgxat tkSuiqj 16 652/2003 3¼1½ mŒizŒ fxjksgcan vf/kŒ 'kkgxat tkSuiqj 17 461/2014 420@467@468@471 Hkknfo ykbZucktkj tkSuiqj 18 654/2015 147@148@323@506@363@307 Hkknfo 3¼2½5 ,llhŒ@,lŒVhŒ ,DV 'kkgxat tkSuiqj 19 355/2019 504@506@427 Hkknfo 'kkgxat tkSuiqj 20 74/85 364@302@201 Hkknfo 'kkgxat tkSuiqj 21 650/07 147@148@149@302@307@120 ch Hkknfo ljk;[oktk tkSuiqj 22 968/14 174 , Hkknfo ykbZucktkj tkSuiqj 23 2079/17 419@420@467@468 Hkknfo ykbZucktkj tkSuiqj 24 158/06 347@323@506@147 Hkknfo [kqVgu tkSuiqj 25 NCR NO. 99/2000 323]504 Hkknfo [kqVgu tkSuiqj 26 21/14 506 Hkknfo [kqVgu tkSuiqj 27 97/91 147]323]188 Hkknfo [kqVgu tkSuiqj fjiksVZ lsok esa izsf"kr gSA izHkkjh Mhlhvkjch] tkSuiqjA^^ 8. The trial court has taken note of the long criminal antecedents of the accused applicant while rejecting the application for bail vide order dated 11.06.2020 passed in Bail Application No. 935 of 2020. The accused applicant is a land mafia besides a don, gangster and dreaded criminal. This Court while rejecting the bail application of another Bahubali and sitting Member of Parliament, namely, Atul Kumar Singh Alias Atul Rai S/o Shri Bharat Singh, vide order dated 07.06.2022 passed in Criminal Misc. Bail Application No. 5473 of 2022, had noted the greatest irony of the largest democracy of the world and said that 43% of the Members of Lok Sabha who got elected in 2019 General Elections, are having criminal cases including cases related to henious offences. The relevant paragraphs of the said judgment dated 07.06.2022 passed in Criminal Misc. Bail Application No. 5473 of 2022, are quoted hereinbelow: "14. A constitution Bench of the Supreme Court in the case of Public Interest Foundation & Ors vs. Union of India & Anr : (2019) 3 SCC 224 has taken note of 244th Law Commission report in which it was said that 30 per cent or 152 sitting M.P.s were having criminal cases pending against them, of which about half i.e. 76 were having serious criminal cases. This phenomenon has increased with every general election. In 2004, 24 per cent of Lok Sabha M.Ps. had criminal cases pending, which increased to 30 per cent in 2009 elections. In 2014, it went up to 34 per cent and in 2019 as mentioned above, 43 per cent Members of Parliament who got elected for Lok Sabha are having criminal cases pending against them. The Supreme Court has taken judicial notice of criminalization of politics and imperative needs of electoral reforms. There have been several instances of persons charged with serious and heinous offences like murder, rape, kidnapping and dacoity got tickets to contest election from political parties and even got elected in large number of cases. 15. The Supreme Court has said that this leads to a very undesirous and embarrassing situation of law breakers becoming law makers and moving around police protection. 15. The Supreme Court has said that this leads to a very undesirous and embarrassing situation of law breakers becoming law makers and moving around police protection. The Supreme Court in the said case has directed the Election Commission of India to take appropriate measures to curb criminalization in politics but unfortunately collective will of the Parliament has not moved in the said direction to protect the Indian Democracy going in the hands of criminals, thugs and law breakers. If the politicians are law breakers, citizens cannot expect accountable and transparent governance and the society governed by the rule of law be an utopian idea. After independence with every election, role of identities such as caste, community, ethnicity, gender, religion etc, has been becoming more and more prominent in giving tickets to winnable candidates. These identities coupled with money and muscle power has made entry of criminals in politics easy and every political party without exception (may be with some difference in degree and extent) uses these criminals to win elections. Giving tickets to candidates with serious criminal charges would break the confidence and trust of the civil society, law abiding citizens of this country in the electoral politics and elections. 16. No one can dispute that the present day politics is caught in crime, identity, patronage, muscle and money network. Nexus between crime and politics is serious threat to democratic values and governance based on rule of law. Elections of Parliament and State Legislature and even for local bodies and panchayats are very expensive affairs. The record would show that the elected members of Lok Sabha with criminal records are extremely wealthier candidates. For example, in 2014 Lok Sabha election 16 out of 23 winners having criminal charges in their credit related to murder were multi-millionaire. After candidates get re-elected, their wealth and income grows manyfold which is evident from the fact that in 2014, 165 M.Ps. who got re-elected, their average wealth growth was Rs.7.5 Crores in 5 years. 17. Earlier, ''Bahubalis' and other criminals used to provide support to candidates on various considerations including caste, religion and political shelter but now criminals themselves are entering into politics and getting elected as the political parties do not have any inhibition in giving tickets to candidates with criminal background including those having heinous offence(s) registered against them. 17. Earlier, ''Bahubalis' and other criminals used to provide support to candidates on various considerations including caste, religion and political shelter but now criminals themselves are entering into politics and getting elected as the political parties do not have any inhibition in giving tickets to candidates with criminal background including those having heinous offence(s) registered against them. Confirmed criminal history sheeters and even those who are behind bars are given tickets by different political parties and surprisingly some of them get elected as well. 18. It is the responsibility of the Parliament to show its collective will to restrain the criminals from entering into the politics, Parliament or legislature to save democracy and the country governed on democratic principles and rule of law. 19. There is responsibility of civil society as well to rise above the parochial and narrow considerations of caste, community etc and to ensure that a candidate with criminal background does not get elected. Criminalization of politics and corruption in public life have become the biggest threats to idea of India, its democratic polity and world's largest democracy. There is an unholy alliance between organized crime, the politicians and the bureaucrats and this nexus between them have become pervasive reality. This phenomenon has eroded the credibility, effectiveness, and impartiality of the law enforcement agencies and administration. This has resulted into lack of trust and confidence in administration and justice delivery system of the country as the accused such as the present accused-applicant win over the witnesses, influence investigation and tamper with the evidence by using their money, muscle and political power. Alarming number of criminals reaching Parliament and State Assembly is a wake up call for all. Parliament and Election Commission of India are required to take effective measures to wean away criminals from politics and break unholy nexus between criminal politicians and bureaucrats. 20. This unholy nexus and unmindfulness of political establishment is the result of reaching person like the accused-applicant, a gangster, hardened criminal and ''Bahubali' to the Parliament and becoming a law maker. This Court, looking at the heinousness of offence, might of the accused, evidence available on record, impact on society, possibility of accused tampering with the evidence and influencing/ winning over the witnesses by using his muscle and money power……." 9. This Court, looking at the heinousness of offence, might of the accused, evidence available on record, impact on society, possibility of accused tampering with the evidence and influencing/ winning over the witnesses by using his muscle and money power……." 9. The accused applicant had allegedly committed the first offence of murder in the year 1974 and in 48 years of his long and henious journey in world of crime, he could be convicted only in two cases recently in the year 2022. This phenomena is very perturbing and does not auger well for a democratic polity and a society which is governed by rule of law. All wings of the government i.e. executive, legislative and judiciary, must share the blame for allowing such a dreaded criminal to go scot-free in several henious offences which have been noted hereinabove. Such a criminal should not have any place in the society. 10. This Court, therefore, does not think that such a dreaded criminal should be allowed to be set free by enlarging him on bail. Such a person is a constant threat to the civil society governed by the rule of law. He is a threat to the society and peace living and law abiding citizens. 11. On an overall conspectus of the aforesaid facts, this Court does not find any ground to enlarge the accused applicant on bail. 12. Consequently, the bail application is hereby rejected.