# Atul Kumar Singh @ Atul Rai v. State of U.P

- **Citation:** (2022) 7 ILRA 13
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-06-07
- **Case number:** Criminal Misc. Bail Application No. 5473 of 2022
- **Bench:** Dinesh Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/atul-kumar-singh-atul-rai-v-state-of-u-p-48869
- **Pages:** 6

## Headnote

A. Criminal Law - Code of Criminal
Procedure, 1973- Section 439 - Indian
Penal Code,1860-Sections 120B, 167,
195A, 218, 306, 504 & 506-applicant is a
Member
of
Parliament
having
23
criminal history-victim registered her
case against a 'Bahubali' , a criminal
turned
politician,
who
later
on
attempted to commit suicide along with
her friend within the precincts of the
Supreme Court-they were admitted to
hospital in very serious and critical
conditions and later on died-victim's
dignity, honour and image were being
besmirch and tarnished and she was
subjected to cruelty both physically and
mentally-Hence, the bail application is
rejected.(Para 1 to 20)

B. 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. There is an unholy
alliance between organized crime, the
politicians and the bureaucrats and this
nexus
between
them
have
become
pervasive reality. Alarming number of
criminals
reaching
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.(Para 18 to
20)

The application is rejected. (E-6)

List of Cases cited:

## Text

7 All. Atul Kumar Singh @ Atul Rai Vs. State of U.P.
13
party no. 2, who would be the key
prosecution witness, if the trial were to
proceed, has declared his unequivocal
intent to turn hostile at the trial. In such
circumstances, it is apparent that merits and
truth apart, the proceedings in trial, if
allowed to continue, may largely be a waste
of precious time of the learned court below.

10.

Considering
the
facts
and
circumstances
of
the
case
and
the
submissions advanced by learned counsel for
the parties regarding the compromise entered
into between the parties and taking all these
factors into consideration cumulatively, the
compromise between parties be accepted and
further taking into account the legal position
as laid down by the Apex Court in the case of
Ramawatar Vs. State of Madhya Pradesh
(supra), the present application deserves to
be allowed.

11. Accordingly, it is allowed. The
proceedings of the S.T. No. 164 of 2019 arising
out of Case Crime no. 30 of 2019, under
Sections 323, 504 IPC and Section 3(1)(r) and
3(1)(s) of Schedule Caste and Scheduled Tribes
(Prevention of Atrocities) Act, P.S. Aurai,
District Bhadohi pending in the court of
Additional District & Sessions Judge/Special
Judge (SC/ST Act), Bhadohi Gyanpur is hereby
quashed.
----------
(2022)07ILR A13
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 07.06.2022

BEFORE

THE HON'BLE DINESH KUMAR SINGH, J.

Criminal Misc. Bail Application No. 5473 of 2022

Atul Kumar Singh @ Atul Rai ...Applicant
Versus
State of U.P. ...Opposite Party
Counsel for the Applicant:
Kaustubh Singh

Counsel for the Opposite Party:
G.A.

A. Criminal Law - Code of Criminal
Procedure, 1973- Section 439 - Indian
Penal Code,1860-Sections 120B, 167,
195A, 218, 306, 504 & 506-applicant is a
Member
of
Parliament
having
23
criminal history-victim registered her
case against a 'Bahubali' , a criminal
turned
politician,
who
later
on
attempted to commit suicide along with
her friend within the precincts of the
Supreme Court-they were admitted to
hospital in very serious and critical
conditions and later on died-victim's
dignity, honour and image were being
besmirch and tarnished and she was
subjected to cruelty both physically and
mentally-Hence, the bail application is
rejected.(Para 1 to 20)

B. 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. There is an unholy
alliance between organized crime, the
politicians and the bureaucrats and this
nexus
between
them
have
become
pervasive reality. Alarming number of
criminals
reaching
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.(Para 18 to
20)

The application is rejected. (E-6)

List of Cases cited:

1. Public Interest Foundation & ors. Vs U.O.I. &
anr. (2019) 3 SCC 224
(Delivered by Hon'ble Dinesh Kumar
Singh, J.)
14 INDIAN LAW REPORTS ALLAHABAD SERIES

1. Present application under Section
439 Code of Criminal Procedure, 1973 has
been filed by the accused-applicant seeking
bail in FIR No.0309 of 2021 registered
against the accused-applicant and another
co-accused under Sections 120B, 167,
195A, 218, 306, 504 and 506 IPC, Police
Station Hazratganj, District Lucknow.

2. The accused-applicant is a Member
of Parliament, who got elected on

symbol of Bahujan Samajwadi
Party from Ghosi Lok Sabha Constituency
of Uttar Pradesh in 2019 General Elections
of Lok Sabha.

3. The accused-applicant to his credit
so far has 23 criminal cases, which include
cases of kidnapping, murder, rape and other
heinous offences. List of those cases
including the present one and their status
has been given in para 38 of the affidavit
filed in support of the present bail
application. The cases to the credit of
accused-applicant which are given in para
38
of
the
affidavit
are
reproduced
hereunder:-

"(i) Case Crime No.Nil, under
Sections U.P. Gangsters Act, P.S. Lanka,
District Varanasi;

(ii) Case Crime No.Nil, under
Sections 66E I.T. Act, 120B IPC,

(iii) Case Crime No.209 of 2011,
under Sections 307, 333, 120 IPC, 7 C.L.A.
Act, P.S. Cantt, Varanasi;

(iv) Case Crime No.396 of 2011,
under Sections 364, 302, 120B IPC,

P.S. Cantt, Varanasi;

(v) Case Crime No.211 of 2011,
under Sections 386, 504 IPC, 7 C.L.A. Act,
P.S. Cantt, Varanasi;

(vi) Case Crime No.397 of 2011,
under Sections 307, 353, 333, 338,

224, 225, 419, 120B IPC, 7
C.L.A. Act, P.S. Cantt, Varanasi;

(vii) Case Crime No.401 of 2011
under Sections 147, 148, 149, 307,

120B IPC, P.S. Cantt, Varanasi;

(viii) Case Crime No.356 of
2011, under Sections 3(1) U.P. Gangsters
Act, P.S. Cantt, Varanasi;

(ix) Case Crime No.511 of 2011,
under Sections 3(1) U.P. Gangsters

Act, P.S. Cantt, Varanasi;

(x) FIR No.185 of 2018, under
Sections 364, 504 and 506 IPC,

P.S.Cantt, Varanasi;

(xi) Case Crime No.881 of 2006
under Sections 376, 420, 504, 506 IPC,
P.S.Phulpur, Varanasi;

(xii) FIR No.548 of 2019, under
Sections 376, 540, 506, 504 IPC,

P.S.Lanka, Varanasi;

(xiii) Case Crime No.834 of
2017, under Sections 147, 148, 307, 342

IPC, P.S. Lanka, Varanasi;

(xiv) Case Crime No.09 of 2009,
under Sections 342, 386, 504, 506, 427
IPC, P.S.Manduadeeh, Varanasi;

(xv) Case Crime No.11 of 2009,
under Section 3/25 Arms Act, P.S.

Manduadeeh, Varanasi;

(xvi) Case Crime No.76 of 2009,
under Sections 3(1) U.P. Gangsters

Act, P.S. Manduadeeh, Varanasi;

(xvii) Case Crime No.261 of
2010, under Section 110G Act, P.S.

Manduadeeh, Varanasi;

(xviii) Case Crime No.211 of
2011, under Sections 3/25 Arms Act,

P.S.Rohaniya, Varanasi;

(xix) Case Crime No.17 of 2011,
under Sections 147, 148, 149, 302,

120B
IPC,
P.S.
Rohaniya,
Varanasi;

(xx) Case Crime No.545 of 2009,
under Section 3(1) U.P. Gangsters Act,
P.S.Rohaniya, Varanasi;
7 All. Atul Kumar Singh @ Atul Rai Vs. State of U.P.
15

(xxi) Case Crime No.485 of
2009, under Sections 147, 148, 323, 504,

427, 452 IPC, P.S. Rohaniya,
District Varanasi;

(xxii) Case Crime No.203 of
2009, under Sections 504, 506 IPC, P.S.

Rohaniya, Varanasi; and

(xxiii) Case Crime No.225A of
2003, under Sections 147, 323, 504, 506
IPC, P.S. Rohaniya, Varanasi."

4. It is stated in para 38 of the
affidavit that out of 23 cases, only 12 are
still pending against the accused-applicant.
The close scrutiny of the averments of para
38 of the affidavit would reveal that though
the accused-applicant has secured acquittal
in some of the cases against him but some
of the heinous cases including murder and
rape etc., are still pending against him in
the Courts.

5. The background of the present case
is that a case was registered against the
accused-applicant being FIR No.548 of
2019 under Sections 376, 420, 406, 506
IPC at Police Station Lanka, District
Varanasi on a complaint by the victim, who
later on attempted to commit suicide along
with her friend within the precincts of the
Supreme Court India on 16.08.2021. They
were admitted in very serious and critical
conditions
in
Ram
Manohar
Lohia
Hospital, New Delhi and later on died on
21.08.2021 and 24.08.2021 respectively.

6. Present accused-applicant is a
''Bahubali, a criminal turned politician
which is evident from his long criminal
history of heinous offences given in para 38
of
the
affidavit.
The
police
after
investigating the offence filed a chargesheet against the accused-applicant in the
said FIR No.548 of 2019 (supra). In order
toterrorize and put undue pressure on the
victim/prosecutrix, the accused-applicant
got several cases registered against her and
her friend/witness so that they would not
support the prosecution case.

7. On 10.11.2020, the victim gave an
application to the Senior Superintendent of
Police, Varanasi alleging that co-accusedAmitabh Thakur, an Ex IPS officer was
manufacturing false documents/evidence
against the victim and her friend to favour
of present accused-applicant on monetary
consideration.
It
was
alleged
that
prosecutrix's dignity, honour and image
were being besmirch and tarnished. The
accused and co-accused were abating and
drawing her close to commit suicide. She
was being continuously harassed physically
and mentally and subjected to cruelty to
change her stand before the Court. The
accused-applicant and his henchman were
employing all kinds of undue pressure on
her to change her stand before the Court
and turn hostile. She made allegations
against the co-accused-Amitabh Thakur,
who in active connivance with the present
accused-applicant, extended threat to her
life. She also said that she would be
compelled to commit suicide because of the
accused-applicant and co-accused-Amitabh
Thakur.

8. The victim and her friend-Satyam
Prakash Rai, thereafter, on 16.08.2021
attempted to commit suicide outside the
Gate No.6 of the Supreme Court and went
live
on
Facebook
making
serious
allegations against the accused-applicant
and
co-accused-Amitabh
Thakur.
Statements made by two victims live on
Facebook have been treated as dying
declarations.

9. The Director General of Police
constituted a Two Members Committee
16 INDIAN LAW REPORTS ALLAHABAD SERIES
consisting of Director General, U.P. Police
Recruitment and Promotional Board and
Additional Director General, Women and
Child Security Organization, Lucknow. The
said Committee submitted its report on
27.08.2021. On the basis of said report, a
written complaint was given by Sub
Inspector Daya Shankar Dwivedi at Police
Station Hazratganj, which is the basis of
the FIR in question registered against the
accused-applicant and co-accused.

10. Report of the two members team
on the basis of which the FIR in question
has been registered would mention that
Bharat Singh, father of the accusedapplicant
gave
an
application
on
03.03.2020 to S.S.P. Varanasi requesting
him to get further investigation conducted
under Section 173(8) Cr.P.C. in FIR No.548
of 2019 (supra) registered against the
accused-applicant.

11. Then, Senior Superintendent of
police,
Varanasi
marked
the
said
application to the then Circle Officer,
Bhelupur,
Mr.Amresh
Kumar
Singh.
Mr.Amresh Kumar Singh prepared a report
on the application and in last paragraph of
his report said that the FIR No.548 of 2019
(supra) was falsely lodged in conspiracy of
the prosecutrix, her friend, Satyam Prakash
Rai, Angad Rai and Vijay Shankar Tiwari
and recommended for fresh investigation
under Section 173(8) Cr.P.C. The case was
pending in the Court but the Circle Officer,
Amresh Kumar Singh made available the
said report to co-accused-Amitabh Thakur
and
other
persons
under
Right
to
Information Act despite the case being
pending in the Court. This report was made
public to defame the victim/prosecutrix and
tarnish her character and dignity. It was
made public to weaken the case against the
accused-applicant. The Report of C.O.
Bhelupur was a preliminary report on the
application for further investigation, and
final decision for further investigation was
yet to be taken but the said report was made
public in order to put undue pressure on the
prosecutrix and her friend so that they
should not support the prosecution case
against the accused-applicant.

12. It is alleged that when the
accused-applicant and his goons were not
successful in breaking down/winning the
victim and the witness, they put all kind of
pressure and tortured them physically and
mentally. Circle Officer, Bhelupur also
assisted the accused-applicant. The victim
and her friend were so much harassed and
tortured that they became desperate as they
perceived that they would not get justice.
They had fears about their lives. Their
dignity, character and image were being
tarnished and besmirch. Under these
circumstances, they went to Supreme
Court, highest seat of justice and attempted
suicide outside the Supreme Court gate and
later on they died during the course of
treatment. Co-accused-Amitabh Thakur exIPS officer has been granted bail by this
court vide order dated 14.03.2022 but the
case of the accused-applicant is different
from the co-accused.

13. It is unfortunate and the greatest
irony of the largest democracy of the world
that as many as 43 percent of the Member
of Lok Sabha who got elected in 2019
general elections are having criminal cases
including cases related to heinous offences
pending against them.

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
7 All. Atul Kumar Singh @ Atul Rai Vs. State of U.P.
17
which it was said that 30 per cent or 152
sitting M.P.s were having criminal cases
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. 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. Confirmed criminal history
sheeters and even those who are behind
bars are given tickets by different political
18 INDIAN LAW REPORTS ALLAHABAD SERIES
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 accusedapplicant 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 does
not find that there is a ground to enlarge the
accused-applicant on bail at this stage. This
bail application is thus, rejected.
----------
(2022)07ILR A18
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 31.05.2022

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Criminal Misc. First Bail Application No. 10884 of
2020

Sompal ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Mahipal Singh, Sri Jagdev Singh

Counsel for the Opposite Party:
Govt. Advocate

A. Criminal Law - Code of Criminal
Procedure, 1973 - Section 439 - Indian
Penal Code, 1860-Sections 302, 304-B,
201, 498-A & 120-B - 3⁄4 DP Act, 1961deceased wife and her brother was
murdered while they went to Fair along
with applicant-husband but they did not
return
to
the
house
at
night-Next
morning, the dead body of wife and her
brother was recovered from two other
places and the husband was abscondedDeceased wife died within a period of 1
and half year after her marriage-Post