The court granted bail to the applicant in a case under the U.P. Gangsters Act. It imposed stringent conditions including furnishing sureties and appearance at specific trial stages.
Release of applicant on bail via personal bond and two heavy sureties on specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6627 of 2022
Applicant :- Ashok Banjara Opposite Party :- State Of U.P. Thru. Principal Secretary Home Lko.
Counsel for Applicant :- Ramendra Mishra,Vivek Chandra Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.
Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 678 of 2010, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Maholi, District Sitapur.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that non presence before the court is not deliberate but due to inadvertence as well as lack of proper information, NBW was issued thereafter he surrendered before the court below and he is languishing in jail since 09.05.2022. He further added that he has explained the reasons for nonappearance in para 6, 7 and 8 of the bail application. He submits that the applicant undertakes that he will remain present on each and every date before the court concerned. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid and submits that the applicant was absconder and as such he is not entitled to be released on bail.
Thus, 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 without expressing any view on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Ashok Banjara involved in the aforementioned crime be released on bail, on his furnishing a
personal bond and two heavy 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 :- 10.11.2022 A.Kr*
Digitally signed by AJAY KUMAR Date: 2022.11.14 10:01:31 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is a fit case for release on bail during the trial.
Whether specific conditions should be imposed upon granting bail.
5 provisions across 3 enactments
Ashok Banjara
State Of U.P. Thru. Principal Secretary Home
Shree Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
