Allowed

Shubham Pal @ Krishna Pal v. State of U.P.

Allahabad HC15 Apr 2020BAIL/12060/2020

Case brief

AI extract

What is this about?

In a bail application under the UP Gangster Act, the High Court allowed the release of the applicant on bail with a personal bond and sureties. The court imposed strict conditions to prevent abuse of liberty and complied with COVID-19 directives allowing release on personal bond when sureties are unavailable.

What did the court decide?

Release granted on personal bond and two sureties subject to conditions including no adjournments and presence in court; lockdown directives complied.

Shubham Pal @ Krishna Pal Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12060 of 2020

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Applicant :- Shubham Pal @ Krishna Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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This bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.02 of 2020, under Section 3(1) of Uttar Pradesh Gangster & Anti Social (Prevention) Activities Act, 1986, Police Station Chowk, District Varanasi, during pendency of trial.

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According to the gang chart the applicant is said to have been involved in Case Crime No.220 of 2019 under Sections 307, 506 IPC, Police Station Chowk, District Varanasi.

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A written objection has been filed by learned AGA through e- mail as per which the applicant is also implicated in Case Crime No.14 of 2018 under Sections 323, 504, 506 IPC, Police Station Chowk, District Varanasi.

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It is urged on behalf of the applicant that he has been falsely implicated in the instant case and is not a member of any organized gang. It is also pointed out that in the chart annexed to the First Information Report leader of the gang is one Lotan Pal and the applicant is shown to be a member of the said gang. The applicant has already been bailed out in the only criminal case shown in the gang chart i.e. Case Crime No.220 of 2019 vide order passed by this Court on 18.12.2019 in Criminal Misc. Bail Application No.56404 of 2019. A supplementary affidavit has been filed as per which the applicant has already been bailed out in the aforesaid Case Crime No.14 of 2018 by the Special Chief Judicial Magistrate, Varanasi on 29.2.2020 and certified copy of the bail order is annexed alongwith supplementary affidavit. Submission is that except the aforesaid cases, there is no other criminal history of the applicant. The applicant is languishing in jail since 16.10.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Perused the record and rejection order passed by the court below. Apart from the implication in the aforesaid cases, there is no other prima facie material disclosed in the First Information Report which may demonstrate that the applicant is

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a member of any organized gang which is involved in antisocial activities.

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Let the applicant Shubham Pal @ Krishna Pal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(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.

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(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.

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(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.

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(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.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 6.4.2020 passed

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in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.

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The order reads thus:

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"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accusedapplicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."

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Order Date :- 15.4.2020 Ashok Kr.

Shubham Pal @ Krishna Pal v. State of U.P.

Case brief

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Shubham Pal @ Krishna Pal v. State of U.P.

Case brief

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