Allowed

Shree Prakash Diwedi @ Prakash Diwedi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Sept 2022/11393/2022

Case brief

AI extract

What is this about?

Single judge allowed the bail application of Shree Prakash Diwedi, convicted under Section 3(1) of the U.P. Gangster and Anti Social Activities Act. The court noted the applicant had prior bail orders and no other relevant criminal history, finding him a fit case for bail subject to sureties and specific conditions.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to conditions not to tamper with witnesses and appear for specific court proceedings.

Shree Prakash Diwedi @ Prakash Diwedi Vs State of U.P… — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11393 of 2022

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Applicant :- Shree Prakash Diwedi @ Prakash Diwedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Chandra Chaturvedi,Ved Prakash Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Sudhir Upadhyay, 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. 365 of 2022, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Phatehpur, District Barabanki.

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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 two cases have been shown in the gang chart against the applicant in which he has been enlarged on bail. Copy of the bail orders have been annexed as Annexure No.5 to the bail application. He further submits that except the cases mentioned in the gang chart, there is two cases criminal history which has been explained in paras 11 and 23 of the bail application. 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. He further submits that there is no any other criminal history of the applicant except explained aforesaid. The applicant is in jail since 26.6.2022. 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

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could not dispute the fact that the applicant has been enlarged on bail and there is no any other criminal history of the applicant except 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 there is no other criminal antecedents except explained aforesaid, coupled with the fact that he is languishing in jail since 26.6.2022, thus without commenting on the merits of the case, I find it a fit case for bail.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Shree Prakash Diwedi @ Prakash Diwedi 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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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

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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 :- 30.9.2022 Ram Murti

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Digitally signed by RAM MURTI YADAV Date: 2022.10.01 10:21:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shree Prakash Diwedi @ Prakash Diwedi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Shree Prakash Diwedi @ Prakash Diwedi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What the court decided

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