Allowed

Rishabh Alias Deepanshu v. State of U.P.

Allahabad HC1 Jun 2021BAIL/17451/2021

Case brief

AI extract

What is this about?

The High Court granted bail to Rishabh Alias Deepanshu in connection with a case under Section 3(1) of the U.P. Gangster and Antisocial Activities of Prevention Act, finding that he has made out a case for bail despite the serious nature of the charge, subject to stringent conditions.

What did the court decide?

Release on bail subject to furnishing personal bond and sureties with specific conditions.

Rishabh Alias Deepanshu Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17451 of 2021

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Applicant :- Rishabh Alias Deepanshu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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This matter is listed for hearing through video conferencing. Link has been sent to the respective learned counsels. Learned Counsel for the applicant and learned A.G.A. for the State are connected through the link.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant- Rishabh Alias Deepanshu who is involved in Case Crime No.413 of 2020, under Section- 3 (1) of the U.P. Gangster and Antisocial Activities of Prevention Act, Police Station - Maudarwaja District -Farrukhabad, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. In the gang chart three cases have been shown against the applicant out of which in the case crime no. 199 of 2020 the applicant has been granted bail by this Court on 17.2.2021 in Criminal Misc. Bail Application No. 34936 of 2020. It has further been submitted that in case crime no. 203 of 2020 and 205 of 2020, the applicant has falsely been implicated by the police. The applicant is languishing in jail since 4.5.2020.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant, Rishabh Alias Deepanshu who is involved in Case Crime No.413 of 2020, under Section- 3 (1) of the U.P. Gangster and Antisocial Activities of Prevention Act, Police Station - Maudarwaja District -Farrukhabad 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 subject to

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following conditions. Further, before issuing the release order, the sureties be verified.

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(i) 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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(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 IPC.

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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., 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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(iv) 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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(v) 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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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The party shall file computer generated copy of such order

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downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. 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 :- 1.6.2021 Anuj Singh

Rishabh Alias Deepanshu v. State of U.P.

Case brief

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Rishabh Alias Deepanshu v. State of U.P.

Case brief

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