Allowed

Rajendra v. State of U.P.

Allahabad HC25 Apr 2023BAIL/1910/2023

Case brief

AI extract

What is this about?

High Court allowed bail to the applicant in cases under the U.P. Gangster Act. The court directed the release on a personal bond and sureties, imposed standard bail conditions regarding appearance and tampering, and set a six-month timeline for the trial conclusion.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two local sureties. The trial court was directed to conclude the trial within six months.

Rajendra Vs State of U.P. — Property and Title | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1910 of 2023

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Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kant Tiwari 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.98 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Tehrauli, District Jhansi.

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Learned counsel for the applicant submits that as per gang chart three cases have been shown against the applicant in which he has been granted bail which have been explained in para 5 of the supplementary affidavit. Apart from the cases mentioned in the gang chart, more cases are registered against the applicant, in which have been explained in para 7 of the affidavit filed in support of bail application. 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 27.09.2021.

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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 cases mentioned in the gang chart as well as other cases, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rajendra 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

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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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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 25.4.2023 Jitendra

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

Rajendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

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