Crm App Court granted bail to applicant under U.P. Gangsters Act imposing personal bond, two sureties, and strict conditions regarding tampering with evidence and court attendance.
Released on bail with personal bond and two sureties subject to conditions on tampering, attendance, and prohibition of adjournments.
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Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9289 of 2022
Applicant :- Shyam Narain Yadav Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Lko Counsel for Applicant :- Vidhu Bhushan,Dinesh Kr. Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.
Instant application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 40 of 2022, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Maharajganj Tarai, District Balrampur.
Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant matter. He added that there are three cases depicted in the gang chart against the applicant wherein he has been enlarged on bail. The bail orders have been annexed along with this bail application and the same has also been explained in para 9, 10 and 11 of the bail application. Apart from the cases shown in the gang chart, there is no other previous criminal antecedent of the applicant except the present case. He submits that he is a law abiding citizen and he was never involved in committing the aforesaid offence. He further submits that the applicant is not a member or leader of any gang and he is languishing in jail since 10.06.2022. In case, the applicant 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 but could not dispute the fact that the present applicant has been enlarged on bail in three cases shown in the gang chart and further he could not dispute the fact regarding any other previous criminal history against the present applicant except the case depicted in the gang chart.
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 case of bail.
Let the applicant- Shyam Narain Yadav 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 :- 10.11.2022 A.Kr*
Digitally signed by AJAY KUMAR Date: 2022.11.11 10:37:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Shyam Narain Yadav
Shree Prakash Singh
Ajay Kumar
As recorded by the court registry
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