Allowed

Pravez v. State of U.P.

Allahabad HC9 May 2023BAIL/17211/2023

Case brief

AI extract

What is this about?

Criminal bail application filed by Pravez in Case Crime No.54 of 2023 under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The court granted bail on personal and surety bonds subject to specific undertakings regarding witness tampering, court attendance, and legal proceedings.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties, subject to specific conditions regarding court attendance and conduct.

Pravez Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:101628

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17211 of 2023

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Applicant :- Pravez Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Pal Singh Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.54 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Shamli, District Shamli.

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Learned counsel for the applicant submits that as per gang chart one case has been shown against the applicant in which he has been granted bail which have been explained in paras 5 & 6 of the affidavit filed in support of bail application. Apart from the case mentioned in the gang chart, no other case is registered against the applicant. 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. It is next contended that the applicant is languishing in jail since 08.02.2023.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in the case mentioned in the gang chart, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Parvez 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 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.

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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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Order Date :- 9.5.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Pravez v. State of U.P.

Case brief

What is this about?

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Pravez v. State of U.P.

Case brief

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