Allowed

Boby Bhardwaj v. State of U.P.

Allahabad HC22 Jun 2023BAIL/26721/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding an offence under the U.P. Gangster and Anti-Social Activities (Prevention) Act, the High Court granted bail to the applicant, noting consistent bail grants in related cases and lack of material suggesting evidence tampering.

What did the court decide?

The applicant shall be released on bail on furnishing a personal bond and two sureties, one being a family member, subject to specified conditions regarding evidence tampering, court appearance, and t

Boby Bhardwaj Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127951

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26721 of 2023

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Applicant :- Boby Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- R P Rajan Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri R.P. Rajan, learned counsel for the applicant, Sri Arimardan Singh, learned AGA for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Boby Bhardwaj, seeking enlargement on bail during trial in connection with Case Crime No. 181 of 2023, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, registered at P.S. Sarnath,District Varanasi.

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Learned counsel for the applicant argued that as per the gang chart, the applicant is shown to be involved in four criminal cases and in all the said cases he has been granted bail. Para-4 to 8 of the affidavit and annexure nos. 3 to 6 have been placed before the Court being orders granting bail to the applicant. It is argued while placing para-9 of the affidavit that apart from the cases mentioned in the gang chart and the present case, there is on other case registered against him in which also he has been granted bail, annexure no. 7 to the affidavit has been placed before the Court for the same. It is argued that the applicant is neither the leader nor a member of any gang and he has been falsely implicated in the present case after he has been enlarged on bail in the said cases. It is argued that the applicant is in jail since 26.4.2023.

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Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the record, it is evident that the applicant has been granted bail in all the cases shown in the gang chart. Apart from the cases shown in the gang chart the applicant is involved in one other case in which also he has been granted bail.

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Looking to the facts and circumstances of this case, the

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nature of evidence, the absence of any convincing material to indicate the possibility of tampering with the evidence and he has been granted bail in the cases shown in the gang chart as well as other case lodged against him, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Boby Bhardwaj, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant ) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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(Samit Gopal,J.)

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Order Date :- 22.6.2023 Naresh

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

Boby Bhardwaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Boby Bhardwaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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