Allowed

Bachchan and 2 Others v. State of U.P.

Allahabad HC21 Nov 2022BAIL/51263/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by three accused persons in a case under the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, granting bail subject to rigorous surveillance conditions including personal bonds and sureties.

What did the court decide?

Release of applicants on bail furnishing personal bonds and two local sureties each of equal amount under specified conditions.

Bachchan and 2 Others 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. - 51263 of 2022 Applicant :- Bachchan And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Tahir Husain Farooqui Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J.

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Heard Mr. Tahir Husain Farooqui, learned counsel for the applicants and Mr. Amit Kumar Shukla, learned counsel for the State as well as perused the material available on record.

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The present bail application has been filed by the applicantsBachchan, Dilshad and Kamil with a prayer to enlarge them on bail in C ase Crime No. 174 of 2022, under Sections 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station-Kunwar Gaon, District-Budaun, during the pendency of the trial.

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It has been argued by the learned counsel for the applicants that the applicant are innocent and have 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 applicants. It is next argued that in the gang chart, only one case is shown against the accused-applicants. It has further been argued by the learned counsel for the applicants that the applicants have already been enlarged on bail in the aforesaid case, copies of their bail orders have been enclosed as Annexure No.-3 to the affidavit accompanying the bail application.

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It also argued that the co-accused,namely, Aarif and Aamil have already enlarged on bail by a Coordinate Bench of this Court vide order dated 3rd November, 2022, a copy of which has been enclosed as Annexure-4 to the affidavit filed in support of the present application. The case of the applicant is similar and identical to that of the aforesaid co-accused. As the applicant is also liable to be enlarged on bail.

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Apart from the above, the applicant nos. 1 and 2 have two criminal antecedents to his credit except the present one, whereas applicant no.3 has four criminal antecedents to his credit except the present one but the same have satisfactorily been explained in paragraph no.2 of the supplementary affidavit filed today. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 19th October, 2022.

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

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Considering the nature of the offence, provision for initiation of

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cases and release the accused applicants 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 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 their furnishing personal bonds each 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their , 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants are 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 :- 21.11.2022

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Sushil/-

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Digitally signed by SUSHIL KUMAR SINGH Date: 2022.11.23 09:24:19 IST Reason: Location: High Court of Judicature at Allahabad

Bachchan and 2 Others v. State of U.P.

Case brief

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Bachchan and 2 Others v. State of U.P.

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