Allowed

Hari Mohan @ Tunda v. State of U.P.

Allahabad HC19 Nov 2022BAIL/47177/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, subject to furnishing a personal bond and two sureties and complying with strict attendance conditions.

What did the court decide?

Release on bail upon furnishing a personal bond and two local sureties each of the like amount subject to specific conditions.

Hari Mohan @ Tunda Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47177 of 2022

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Applicant :- Hari Mohan @ Tunda Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.

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Heard Mr. Manish Yadav, learned counsel for the applicant and Mr. Shravan Kumar Ojha, learned A.G.A. for the State as well as perused the material on record.

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The present bail application has been filed by the applicant-hari Mohan @ Tunda, with a prayer to enlarge him on bail in C ase Crime No. 276 of 2022, under Sections 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station-Etmadpur, District-Agra, during the pendency of the trial.

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It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart only one case is shown against the accused-applicant. It has further been argued by the learned counsel for the applicant that the applicant has already been enlarged on bail in the said case, copy of the bail order has been enclosed as Annexure No.-2 to the affidavit accompanying the bail application. Apart from the above, the applicant has four criminal antecedents to his credit but the same have satisfactorily been explained in paragraph no.-4 of the supplementary affidavit filed today. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20th September, 2022.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the nature of the offence, provision for initiation of cases and release the accused under the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986 , material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the

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parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant 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:-

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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 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.

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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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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(Shiv Shanker Prasad, J.)

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Order Date :- 19.11.2022

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Sushil/-

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Digitally signed by SUSHIL KUMAR SINGH Date: 2022.11.22 10:23:13 IST Reason: Location: High Court of Judicature at Allahabad

Hari Mohan @ Tunda v. State of U.P.

Case brief

What is this about?

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Hari Mohan @ Tunda v. State of U.P.

Case brief

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