Farhan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Farhan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Farhan in Case Crime No. 134 of 2020 on furnishing a personal bond and two reliable sureties of the like amount, subject to the additional conditions imposed by the Court regarding non-tampering, attendance before the trial court, and presence at opening of the case, framing of charge and Section 313 Cr.P.C. statement.

Issue for consideration

Whether the applicant, implicated under Section 3(1) of the Gangster Act on account of a single criminal case under the Cow Slaughter Act (in which he is already on bail), is entitled to be enlarged on bail, it being contended that he is not a member of a gang indulging in organised crime within the meaning of Section 2(b) of the Gangster Act.

Court's answer

Considering the facts and circumstances of the case and the submissions made, and without expressing any opinion on the merits, the Court held that the applicant is entitled to be enlarged on bail.

Ratio / Principle

Applicant Farhan was ordered to be released on bail in Case Crime No. 134 of 2020 on furnishing a personal bond and two reliable sureties of the like amount, subject to additional conditions: (i) not to tamper with evidence or threaten witnesses; (ii) undertaking not to seek adjournments when witnesses are present, default being treatable as abuse of liberty of bail; (iii) presence before the trial court on each date, failing which proceedings may follow under Section 229-A IPC; (iv) upon misuse of bail and issuance of proclamation under Section 82 Cr.P.C., proceedings under Section 174-A IPC; and (v) personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.

Detailed headnote1 paragraphs

Bail — Section 3(1), U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 — Case Crime No. 134 of 2020, P.S. Phoolpur, District Azamgarh — applicant implicated under the Gangster Act on account of a single criminal case under the Cow Slaughter Act, in which he had already been enlarged on bail by the court below on 20.05.2020; in jail since 12.03.2020 — contention that implication was illegal as the applicant was not a member of a gang indulging in organised crime within the meaning of Section 2(b) of the Gangster Act — learned A.G.A. opposed the prayer — held, considering the facts, circumstances and submissions, and without expressing any opinion on the merits, the applicant was entitled to bail — released on personal bond and two reliable sureties of the like amount, subject to conditions: no tampering with evidence or threatening of witnesses; undertaking against adjournments; presence on each trial date (default actionable under Section 229-A IPC); consequences of misuse including proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC; and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.

Court No. - 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22607 of 2020

Applicant :- Farhan Opposite Party :- State of U.P. Counsel for Applicant :- Nayab Ahmad Khan Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in Case Crime No.134 of 2020 under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act' 1986, Police Station- Phoolpur, District- Azamgarh.

The applicant herein has been implicated under Section 3(1) of Gangster Act on account of one criminal case lodged against him under the Cow Slaughter Act in which the applicant has been enlarged on bail by the court below on 20.05.2020. It is contended that the implication of the applicant under the Gangster Act is an illegal exercise on the part of the officials in as much as, it cannot be said that the applicant is a member of a gang who had indulged in any organised crime within the meaning of Section 2(b) of the Gangster Act' 1986 with the object of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person or indulge in anti-social activities. The applicant is languishing in jail since 12.03.2020.

Learned A.G.A., however, opposed the prayer for bail.

Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail.

Let applicant- Farhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(i) The applicant shall not tamper with the evidence or threaten the witnesses;

(ii) 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;

(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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; and

(v) 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.

Order Date :- 28.8.2020 Himanshu