Released applicant on bail in a case under U.P. Gangsters Act despite opposition regarding criminal history and potential witness intimidation, subject to personal bond and sureties.
Released on bail on personal bond and two local sureties of like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3612 of 2022
Applicant :- Parvej @ Changul @ Bhura Opposite Party :- At Lucknstate Of U.P. Through Secretary Home
Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The accused- applicant is involved in Case Crime No. 383 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Bhojpur, District Ghaziabad.
It is submitted by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail and the copies of the same have been annexed as annexure Nos. 3 and 4 to the application. Apart from the cases mentioned in the gang chart, 40 more cases are registered against the applicant, which have been explained in paragraph nos.14 to 53 to the affidavit filed in support of the bail application. Learned counsel for the applicant further submitted that the applicant has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. It is next submitted that co-accused Vakeel @ Chini has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 46507 of 2021 vide order dated 10.3.2022. The case of the applicant stands on identical footing. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 16.9.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant has criminal history of 40 cases and is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature and punishment provided for the offence, identically placed coaccused enlarged on bail and without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Parvej @ Changul @ Bhura involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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 his under Section 229-A of the Indian Penal Code.
(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 his, in accordance with law, under Section 174-A of the Indian Penal Code.
(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.
Order Date :- 11.7.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.07.13 10:37:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail despite having a criminal history of 40 cases.
5 provisions across 3 enactments
Parvej @ Changul @ Bhura
State of U.P. Through Secretary Home
Ali Zamin
Sweety Kanojia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
