Allowed

Ramu Harijan v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC10 Oct 2022/11148/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Ramu Harijan, in an反-social activities case. The applicant had already been granted bail in other cases depicted in his gang chart. The court imposed reasonable conditions including presence in court and restrictions on adjournments.

What did the court decide?

The applicant was released on bail on filing a personal bond and two sureties, subject to conditions regarding presence in court and no tampering with evidence.

Ramu Harijan Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11148 of 2022

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Applicant :- Ramu Harijan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mukesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, Sri Ajay Singh Tomar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 227 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Cantt., District - Ayodhya/Faizabad.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that seven cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and same has been explained in para 6 of the bail application. He further submits that except the cases mentioned in the gang chart two other cases depicted against the applicant in which also, he has been enlarged on bail and the same has been mentioned in para 6 of the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. The applicant is in jail since 03.04.2022. In case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the fact that the applicant has been enlarged on bail in all the cases depicted in the gang chart and criminal history of the applicant has been explained aforesaid.

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Having heard the learned counsel for the parties and after perusal of record, I find that applicant has been enlarged on bail in the cases mentioned in the gang chart and some other cases depicted against the applicant in which also he has been enlarged on bail, coupled with the fact that he is languishing in jail since 03.04.2022, thus without commenting on the merits of

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the case, I find it a fit case for bail.

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Let the applicant- Ramu Harijan involved in the aforementioned 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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;

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(3) 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.; and

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(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 10.10.2022 Ujjawal

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Digitally signed by UJJAWAL PARJAPATI Date: 2022.10.10 18:00:33 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ramu Harijan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Ramu Harijan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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