Allowed

Anuj Chaudhary @ Annu v. State of U.P.

Allahabad HC19 Nov 2022BAIL/50458/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Anuj Chaudhary under the U.P. Gangsters Act. Relying on parity with coordinate benches who granted bail to co-accused and his existing bail in the substantive offence, the court released him on personal and surety bonds.

What did the court decide?

Applicant released on personal bond and two sureties subject to conditions preventing tampering and ensuring trial attendance.

Anuj Chaudhary @ Annu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50458 of 2022

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Applicant :- Anuj Chaudhary @ Annu Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Copies of the orders dated 13.09.2022, 07.05.2022, 30.05.2022 and 18.02.2022 relating to co-accused persons, namely, Mohit Chaudhary, Ankit Shukla, Anukalp Chauhan and Himanshu Chaudhary @ Cheeni, passed by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 39524 of 2022, 16050 of 2022, 21095 of 2022 and 5371 of 2022 respectively in which they have been granted bail, has been produced by the learned counsel for the applicant in the Court today which are taken on record.

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Heard Sri Satendra Kumar Upadhyay, learned counsel for the applicant and Sri Laxman Prasad, learned A.G.A. for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Anuj Chaudhary @ Annu, with a prayer to release him on bail in Case Crime No. 581 of 2021, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kwarsi, DistrictAligarh, during pendency of trial.

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It is argued by the learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one criminal case, namely, Case Crime No. 99 of 2021 u/s 364-A, 342, 34 I.P.C., P.S.- Kwarsi, District- Aligarh in which he has been enlarged on bail by a coordinate Bench of this Court vide order dated 01.11.2022 passed in Criminal Misc. Bail Application No. 10655 of 2022. Apart from one case shown in the gang chart, the applicant has no criminal history to his credit. The applicant has falsely been implicated in the present case. The applicant is languishing in jail since 07.06.2021. It is further submitted that identically circumstanced coaccused persons, namely, Mohit Chaudhary, Ankit Shukla, Anukalp Chauhan and Himanshu Chaudhary @ Cheeni have been enlarged on bail by coordinate Benches of this Court vide orders dated 13.09.2022, 07.05.2022, 30.05.2022 and 18.02.2022 passed in Criminal Misc. Bail Application Nos. 39524 of 2022, 16050 of 2022, 21095 of 2022 and 5371 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offence, the fact that identically circumstanced co-accused persons, namely, Mohit Chaudhary, Ankit Shukla, Anukalp Chauhan and Himanshu Chaudhary @ Cheeni, have been enlarged on bail by coordinate Benches of this Court, and taking note of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Anuj Chaudhary @ Annu, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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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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 default

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of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.19 17:43:46 IST Reason: Location: High Court of Judicature at Allahabad

Anuj Chaudhary @ Annu v. State of U.P.

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Anuj Chaudhary @ Annu v. State of U.P.

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