Grappled with a bail application by an elderly applicant with a criminal history arrested under a Gangster Prevention Act. The court granted bail, setting strict conditions for appearance and prohibiting adjournments.
Released on bail with personal bond and two sureties subject to specified conditions regarding court appearance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5006 of 2019
Applicant :- Ram Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Deo Shukla,Amit Kumar Tiwari,Vivek Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri N.D.Shukla,learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the application is an old man aged about 65 years and suffering from several ailments. The applicant has criminal history of 4 cases as shown in the Gang Chart annexed as Annexure-1 to the bail application and he is on bail in all these cases which has been properly explained in paragraph 5 of the affidavit field in support of the bail application.It has been next contended that due to non receipt of any summon or notice , the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant on 16.4.2003 and thereafter process under section 82 Cr.P.C. was also initiated. In pursuance of the same, he was arrested by the police on 15.11.2018 and taken into custody by the court concerned. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant is in jail since 15.11.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and keeping in view the law laid down in Reena Sodh Vs, Anjana Enterprises reported in (2008)3 RCR(Civil) 62 , the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ram Kumar involved in Case Crime No.70 of 1993), under Section 2/3 Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Khiri, District Allahabad be released on bail on his furnishing a personal bond with two sureties with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.2.2019 IA
2 issues framed by the court
Whether the applicant, an elderly man suffering from ailments, should be released on bail in a serious offence case considering his criminal history.
Whether reasonable apprehension of tempering of witnesses and severity of punishment permit bail in this case.
Colour shows how this judgement treated each authority
Reena Sodh Vs, Anjana EnterprisesReferred¶8
Reena Sodh Vs, Anjana Enterprises reported in (2008)3 RCR(Civil) 62
5 provisions across 3 enactments
Ram Kumar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
