Allowed

Roop Kishor v. State of U.P.

Allahabad HC15 Sept 2022BAIL/39217/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangster and Anti Social Activities (Prevention) Act, the High Court held it was a fit case for granting bail on personal bond and sureties. The court imposed strict conditions regarding court presence and issued undertakings against abuse of bail. The disposition was to grant bail.

What did the court decide?

Applicant Roop Kishor released on bail with personal bond and two sureties subject to specific conditions of appearance and compliance.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39217 of 2022

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Applicant :- Roop Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No.88 of 2020, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1886, Police Station- Deoriya Kalan, District- Pilibhit.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is submitted that there are three cases as have been shown in the gang chart, in which the applicant has been enlarged on bail by court below. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail. It is further submitted that except the cases shown in the gang chart, the applicant has no other criminal case to his credit. It is further submitted that the applicant is neither a leader nor a member of any gang and the applicant is in jail since 03.08.2022 and the possibility of conclusion of trial in near future is very bleak

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Learned A.G.A. has opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Roop Kishor be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the

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satisfaction of the court concerned subject to following conditions:-

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(i) 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. 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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(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.

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(iii) In case, the applicant misuse 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 fail 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.

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(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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 15.9.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.09.16 12:11:05 IST Reason: Location: High Court of Judicature at Allahabad

Roop Kishor v. State of U.P.

Case brief

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Roop Kishor v. State of U.P.

Case brief

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