Allowed

Ankur Kumar v. State of U.P.

Allahabad HC24 Jun 2022BAIL/25016/2022

Case brief

AI extract

What is this about?

Court granted bail to Ankur Kumar under the U.P. Gangsters Act, noting he was in jail over 9 months and named only during investigation. Bail granted on personal bond and sureties with standard conditions to prevent evidence tampering and ensure trial attendance. Court explicitly declined to weigh merits of the case.

What did the court decide?

Applicant released on bail on calling personal bond of himself and two sureties in like amount subject to standard conditions.

Ankur Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25016 of 2022

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Applicant :- Ankur Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Yogendra Pal Singh, learned counsel for the applicant, Shri S.N. Mishra learned A.G.A. for the State and perused the record.

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By way of present application, applicant made a prayer to release him on bail in Case Crime No. 78 of 2022, under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 P.S. Civil Lines, District-Moradabad during the pendency of trial.

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Learned counsel for the applicant submitted that on the basis of three cases applicant was made accused in the present case and in all the three cases applicant was not named in the FIR. He was made accused in those cases by showing false recovery and in all the three cases he has been released on bail and earlier also apart from these three cases which are shown in the gang chart he was implicated by the local police in 7 other cases of the same nature and in those cases also applicant has been released on bail and in all those cases applicant was made accused during investigation. He next submitted that applicant is neither a leader nor a member of any gang and he is not involved in any anti social activities. He lastly submitted that applicant is in jail since 06.09.2021 therefore, he may be released on bail. He also submitted that applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Per contra, learned A.G.A. opposed the prayer for bail, but could not dispute the fact that in all the cases shown in the gang chart applicant was made accused during the course of investigation and in all the cases shown in the gang chart he is already released on bail and further apart from the cases shown in the gang chart he also has been released on bail and he is in jail since for last about more than 9 months.

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I have heard both the parties and perused the record of the case. Perusal of the gang chart shows that applicant was made

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accused in the present case on the basis of three cases and in all three cases he has already been enlarged on bail and other criminal history of applicant has been duly explained in paragraph no. 9 of the affidavit filed in support of the bail application and perusal of which shows that apart from the cases shown in the gang chart he was made accused in seven other cases and in all 7 cases he has already been enlarged on bail and in all the cases he was made accused during investigation by the police, therefore, considering the facts of the case and long incarceration of the applicant, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.

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Let the applicant - Ankur Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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

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and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 24.6.2022

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Digitally signed by SWETA YADAV Date: 2022.06.25 14:53:06 IST Reason: Location: High Court of Judicature at Allahabad

Ankur Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ankur Kumar v. State of U.P.

Case brief

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