Single Judge of Allahabad High Court allowed bail in a criminal trial involving the U.P. Gangsters and Anti-Social Activities Act. The court noted the applicant had no other criminal history.
Applicant released on bail by furnishing a personal bond and two sureties.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11585 of 2022
Applicant :- Arun Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.
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. 347 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention0 Act, 1986, P.S.- Thakurganj, District - Lucknow.
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 there are three cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and the bail orders are annexed along with 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 the present case as said in para 2 of the supplementary affidavit. The applicant is in jail since 13.08.2022. In case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
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 and there is no any other criminal history of the applicant except the present case.
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, there is no other criminal antecedents except the aforesaid case coupled with the fact that he is languishing in jail since 13.08.2022, thus without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Arun Kumar Gupta 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:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(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;
(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
(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.
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.
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.
Order Date :- 14.10.2022 Ujjawal
Digitally signed by UJJAWAL PARJAPATI Date: 2022.10.16 15:34:06 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the application for bail during the trial should be allowed given the applicant's lack of criminal antecedents and existing bail status.
What conditions should be imposed on the applicant upon granting bail.
1 provisions across 1 enactments
Arun Kumar Gupta
State Of U.P. Thru. Prin. Secy. Home Lko
Shree Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
