Single judge allowed bail to Sunil Kumar Jaiswal under the U.P Gangsters Act in Case Crime No. 87 of 2021. Court imposed specific conditions regarding court attendance and misconduct consequences.
Released on bail with furnishing of personal bond and two reliable sureties subject to four specific conditions regarding court attendance.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32913 of 2021
Applicant :- Sunil Kumar Jaiswal @ Kanhaiya Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Ishir Sripat Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Ishir Sripat, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
Learned counsel for the applicant is permitted to make correction in the prayer as well as memo of bail application during the course of the day.
The present bail application has been filed on behalf of applicant, Sunil Kumar Jaiswal @ Kanhaiya with a prayer to release him on bail in Case Crime No. 87 of 2021, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- Phoolpur, DistrictPrayagraj, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. In the gang chart one case bearing case crime no.527 of 2020, under Sections 304, 308, 272, 273, IPC and Section 60, 60-A, 63, 64(A) of U.P. Excise Act has been shown against the applicant and in the aforesaid case the applicant has been granted bail by this Court vide order dated 14.7.2021 in Criminal Misc. Bail Application No.6513 of 2021. Copy of the bail order has been annexed as AnnexureS.A.-1 to the supplementary affidavit. First information report of the aforesaid case has been annexed as Annexure-5 to the affidavit. The applicant was not named in the aforesaid FIR. Name of the applicant was surfaced during the course of investigation.
It has been further contended that apart from the aforesaid case, the applicant has criminal history of three other cases bearing case crime no.0350 of 2013, under Section 60, Excise Act, case crime no.0351 of 2013, under Section 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, and case crime no.0023 of 2016, under Section 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act. In case crime no.0023 of 2016 the applicant has been granted bail by this Court vide
order dated 13.4.2017 in Criminal Misc. Bail Application No.13257 of 2017. In the aforesaid case the applicant was not named in the first information report. He was implicated on the basis of confessional statement of co-accused Babu Ram Maurya and no contraband was recovered from the possession of the applicant. In two other cases the applicant has been granted bail by the court below. Copies of the bail orders have been annexed as Annexure-3 & 4 to the affidavit.
It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 6.4.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant.
Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail.
Let applicant, Sunil Kumar Jaiswal @ Kanhaiya 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 with the following conditions-
(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.
(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.
(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.
(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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 7.9.2021 T. Sinha
2 issues framed by the court
Whether the applicant is fit for bail under the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.
Whether conditions can be imposed to prevent abuse of bail liberty.
5 provisions across 3 enactments
Sunil Kumar Jaiswal @ Kanhaiya
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
