This High Court disposed of a bail application under the U.P. Gangsters Act. The court considered the applicant's claims of innocence and parity before granting bail with strict conditions to prevent abuse of liberty.
Release of the applicant on personal bond and two sureties subject to specific conditions regarding attendance and conduct during trial.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33267 of 2021
Applicant :- Vijay Bahadur Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Learned counsel for the applicant has filed bail orders, which is taken on record.
Heard Sri Anand Kumar Singh learned counsel for the applicant; learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant, Vijay Bahadur Singh with a prayer to release him on bail in Case Crime No. 80 of 2021, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station- Ram Nagar District- Varanasi, during pendency of trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive and on the basis solitary Case Crime No. 129 of 2019, under Section 307 I.P.C. and Section 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, P.S. Ram Nagar, District Varanasi, as shown in gang-chart annexed as Annexure No. 1 of the affidavit, in the aforesaid case, the applicant was implicated by the police without recovering any incriminating article from the possession of the applicant, in which he has been enlarged on bail by the court below on 02.07.2019, a copy of bail order has annexed in Annexure No. 3 of the affidavit filed in support of bail application. It is next contended that there is no other criminal antecedent to his credit except one case being Case Crime No. 211 of 2021, under Sections 3/25 of Arms Act, P.S. Bakewar, District Etawah, in which applicant has also been enlarged on bail by the court below on 23.06.2021. It has also been submitted that coaccused, Imran having similar role, has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 04.11.2020 in Criminal Misc. Bail Application No. 35346 of 2020 and the applicant is also entitled to be enlarged on bail on the ground of parity.
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. 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 28.06.2021, 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.
Learned A.G.A. has opposed the prayer for bail and has not pointed out any other criminal case except the aforesaid criminal case.
Upon considering the totality of facts, nature and 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, Vijay Bahadur Singh 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 along-with 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 :- 9.9.2021 Ishan
1 issue framed by the court
Whether the applicant is entitled to be released on bail in proceedings under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Vijay Bahadur Singh
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
