Allowed

Rakesh Kumar Prajapati v. State of U.P.

Allahabad HC5 May 2020BAIL/12533/2020

Case brief

AI extract

What is this about?

Single judge in Allahabad High Court enlarged the applicant on bail in a gangster prevention case. Considering evidence of complicity and bail granted in related cases, the Court applied Dataram Singh dictum and allowed bail with strict personal bond conditions and without sureties initially.

What did the court decide?

Bail allowed on personal bond and undertaking; four sureties required within one month after normal court functioning resumes.

Rakesh Kumar Prajapati 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. - 12533 of 2020

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Applicant :- Rakesh Kumar Prajapati

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Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary conditions prevailing now a days.

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I have perused the bail application filed on behalf of Rakesh Kumar Prajapati, who is languishing in jail since 31.07.2019 in connection with Case Crime No.867 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-G.R.P., District-Jhansi.

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Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in four other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the four criminal cases also shown against him in the gang chart. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit accompanying this application. The applicant is in jail since 31.07.2019, hence the applicant is entitled to be enlarged on bail.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Rakesh Kumar Prajapati, who is involved in Case Crime No.867 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-G.R.P., District-Jhansi, be released on bail on his furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANT SHALL GIVE A WRITTEN UNDERTAKING TO THE COURT CONCERNED AFTER RELEASE THAT HE WOULD PRESENT IN THE CONCERNED POLICE STATION ON THE LAST SUNDAY OF EVERY MONTH DURING 10.00 TO 12.00 NOON. IN CASE OF ANY DEFAULT, THE IN-CHARGE OF POLICE STATION SHALL FORTHWITH INFORM THE CONCERNED COURT ABOUT THIS BREACH.

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(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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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(iii) 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 IPC.

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(iv) 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., MAY BE ISSUED AND IF 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 IPC.

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(v) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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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(vi) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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

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4. 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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Order Date :- 5.5.2020 M. Kumar

Rakesh Kumar Prajapati v. State of U.P.

Case brief

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Rakesh Kumar Prajapati v. State of U.P.

Case brief

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