The High Court allowed a bail application under Section 439 CrPC filed by Arvind Gihar, who was facing charges under the UP Gangsters Act. The court found it a fit case for bail considering parity with co-accused and the severity of punishment.
Relent on bail upon furnishing a personal bond and two sureties each with verification of sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25475 of 2021 Applicant :- Arvind Gihar Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 0127 of 2021, under Sections 3(1) of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Saurikh, District Kannauj.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that four cases have been shown against the accused-applicant in the gang chart, in which the applicant is on bail. Copy of gang-chart and bail order have been annexed as Annexure Nos. 1 & 2 respectively to the bail application. The applicant is in jail since 9.4.2021.
It is next submitted that similarly placed co-accused Mittu Gihar and Sarita have been granted bail by this Court vide orders dated 10.8.2021 & 6.8.2021 passed in Criminal Misc. Bail Application Nos. 25510 of 2021 & 25792 of 2021, respectively, therefore, applicant is also entitled to be released on bail on the ground of parity.
I have perused the bail order of co accused and find that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Arvind Gihar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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.
(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.
(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.
(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.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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.
The party shall file computer generated copy of such order 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.
Order Date :- 5.10.2021/RavindraKSingh
1 issue framed by the court
Whether the application for bail under Section 439 CrPC be allowed in the present case.
2 provisions across 2 enactments
Arvind Gihar
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
