Allowed

Rakesh Kumar and 2 Others v. State of U.P. through Principal Secretary Home U.P Civil Secretariat Lucknow

Allahabad HC19 Nov 2022/11427/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to three applicants in a criminal case under the U.P. Gangster and Anti-Social Activities Act. They were released on a personal bond and two sureties each, subject to strict conditions regarding witness tampering and court appearance. The order explicitly disclaimed any reflection on the merits of the underlying case.

What did the court decide?

Release of applicants on a personal bond and two sureties each, subject to conditions regarding evidence tampering and court appearance.

Rakesh Kumar and 2 Others Vs State of U.P. through… — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11427 of 2022

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Applicant :- Rakesh Kumar And 2 Others Opposite Party :- State Of U.P. Through Principal Secretary Home U.P Civil Secretariat Lucknow Counsel for Applicant :- Vivek Pandey,Ajay Kumar Gupta 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 applicants, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the record.

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This application has been moved with a prayer to release the applicants on bail during the trial in Case Crime No. 58 of 2022, under Section 3(1) U.P.Gangster and Anti-Social Activities (Prevention) Act, P.S. G.R.P., District Gonda.

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It is contended by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in the present case. He further submits that there are six cases each have been shown against the applicant nos. 1 and 2 and five cases have been shown against applicant no. 3 in the gang chart in which they have been enlarged on bail which is explained in para 5, 6 and 7 of the bail application. It has also been submitted that the applicants are not involved in any anti-social activities and they are not a member of any gang. He further submits that there is no any other criminal history of the applicants except the present case. The applicants are in jail since 19.07.2022. In case they are granted bail, they will not misuse the liberty.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the fact that the applicants have been enlarged on bail in the case mentioned in the gang chart and there is no any other criminal history of the applicants except the present case.

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Having heard the learned counsel for the parties and after perusal of record, I find that applicants have been enlarged on bail in the case mentioned in the gang chart, there is no other criminal antecedents except the aforesaid case coupled with the fact that they are languishing in jail since 19.07.2022, thus without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicants- Rakesh Kumar, Sandeep Kumar and Kuldeep involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants 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. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

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(3) The applicants 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 applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, 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 applicants 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 :- 19.11.2022 Ujjawal

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Digitally signed by UJJAWAL PARJAPATI Date: 2022.11.19 16:22:42 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar and 2 Others v. State of U.P. through Principal Secretary Home U.P Civil Secretariat Lucknow

Case brief

What is this about?

What did the court decide?

Rakesh Kumar and 2 Others v. State of U.P. through Principal Secretary Home U.P Civil Secretariat Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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