Allowed

Lavesh Alias Sheru v. State of U.P.

Allahabad HC30 May 2022BAIL/20872/2022

Case brief

AI extract

What is this about?

Court allowed bail application. Applicant Lavesh Alias Sheru sought bail under U.P. Gangsters Act. Trial court released him on personal bond with two sureties subject to specific undertakings regarding attendance and non-abuse of liberty.

What did the court decide?

Release on bail subject to personal bond and two sureties on conditions regarding attendance and not seeking adjournments.

Lavesh Alias Sheru Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20872 of 2022

¶3

Applicant :- Lavesh Alias Sheru Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Chandra Kumar Rai,J.

¶5

Heard Mr. Darwari Lal, learned counsel for the applicant, Mr. Jay Prakash, learned A.G.A. and perused the record.

¶6

The instant bail application has been filed on behalf of the applicant-Lavesh Alias Sheru with a prayer to release him on bail in Case Crime No. 266 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station-Dadon, District-Aligarh, during pendency of trial.

¶7

Learned counsel for the applicant has submitted that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. It is further submitted by learned counsel for the applicant that in the present case two cases have been shown in the gang chart against the applicant in which the applicant has been released on bail, in this regard, averments has been made in paragraph No.3 and the bail orders have been annexed as Annexure Nos.3 and 4 to the affidavit filed in support of the bail application. It is next submitted that applicant is neither a leader nor a member of any gang and he is in jail since 27.10.2021.

¶8

Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

¶9

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact.

¶10

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. Accordingly, bail application is allowed .

¶11

Let the applicant-Lavesh Alias Sheru involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction

¶12

of the court concerned with the following conditions;

¶13

(i) The applicant shall file an undertaking to the effect that shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶14

(ii) The applicant 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.

¶15

(iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶16

(iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶17

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶18

Order Date :- 30.5.2022 PS

¶19

Digitally signed by PRITI SHARMA Date: 2022.05.30 15:40:08 IST Reason: Location: High Court of Judicature at Allahabad

Lavesh Alias Sheru v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lavesh Alias Sheru v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mehkar Singh Nagar Vs State of U.P.

Shahnawaz Vs State of U.P through Principal Secretary (Home)

Shahnawaz Vs State of U.P through Principal Secretary (Home)

Firoz Vs State of U.P.

Shanu Vs State of U.P.

Praveen Kumar Chaurasiya Vs State of U.P.