Allowed

Sunil v. State of U.P.

Allahabad HC8 Aug 2023BAIL/18289/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Allahabad High Court released the applicant on bail in a gang case under the U.P. Gangster Act. The Court relied on parity with bail orders granted to identically situated co-accused by a coordinate bench and imposed conditions on the applicant, including the requirement of two sureties and prohibitions on changing address or seeking adjournm

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties in like amount, subject to six specific undertakings.

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

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Neutral Citation No. - 2023:AHC:159688

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18289 of 2023

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Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Counter affidavit filed on behalf of the State, is taken on record.

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

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.206 of 2022 under Section 2/3 of the U.P. Gangster and Antisocial Activities (Prevention Act), 1986, Police Station Wazirganj, District Budaun.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. According to the gang-chart (Annexure No.1), only three cases have been shown against the accused-applicants, in which he has been enlarged on bail. Copy of bail order is annexed as annexure no.2 to the affidavit filed in support of bail application. Apart from the case shown against the applicant in the gang chart, the applicant has criminal history of two more cases which are explained in paragraph No.7 to the affidavit filed in support of the bail application. Copy of the bail order is annexed with the affidavit filed in support of the bail application. He further submitted that identically situated co-accused Pintu Kumar. Munesh Kumar, Munendra Kumar, have already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc.

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Bail Application Nos.40839 of 2022 31900 of 2022 and 41010 of 2022, vide orders dated 12.10.2022, 27.07.2022, and 13.10.2022, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the orders aforesaid. The applicant is languishing in jail since 17.06.2022, in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts.

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Considering the facts and circumstances of the case and taking into account that the accused-applicant has been enlarged on bail in the case shown in the gang-chart and has explained his criminal history of other cases in paragraph7 of the affidavit filed in support of the bail application, identically situated co-accused Pintu Kumar. Munesh Kumar, Munendra Kumar, have already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.40839 of 2022 31900 of 2022 and 41010 of 2022, vide orders dated 12.10.2022, 27.07.2022, and 13.10.2022, applicant is languishing in jail since 17.06.2022 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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Let applicant- Sunil be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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

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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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 8.8.2023 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

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