Allowed

Prashant @ Lallu Yadav v. State of U.P.

Allahabad HC3 Oct 2023BAIL/27679/2023

Case brief

AI extract

What is this about?

This criminal bail application involved an applicant charged under the U.P. Gangster Act. The court observed that while the applicant had prior criminal history, the State failed to produce necessary material, such as a perfunctory gang chart and Form No.4, to demonstrate that the applicant met the statutory definition of a 'Gangster'. Consequently, the court allowed the bail application.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each.

Prashant @ Lallu Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:188963

¶2

Court No. - 76

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27679 of 2023

¶4

Applicant :- Prashant @ Lallu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Balbeer Singh,Jai Raj Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vikram D. Chauhan,J.

¶6

Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶7

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

¶8

It is submitted by learned counsel for the applicant that there are five cases shown in the gang chart against applicant, in which cases he is already on bail, the bail orders are annexed as Annexure no. 3 to the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph no. 8 of the affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 1.6.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available.

¶9

Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case.

¶10

Having heard learned counsel for the parties, it is evident that the provision of Gangster Act has been invoked against the applicant on the basis of five criminal cases. However, applicant has been released on bail in the aforesaid cases. Learned A.G.A. has not produced any material to demonstrate that the applicant comes within the definition of "Gangster" and "Gang" under U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986. Mere

¶11

pendency of criminal case may not ipso facto invoke provisions of U.P. Act No.7 of 1986. Criminal history of the applicant has been adequately explained.

¶12

The applicant in the present case has been implicated on the basis of the criminal case detailed in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the criminal case showing in the gang chart. Once the applicant has been enlarged on bail in previous criminal case shown in the gang chart which forms the foundation for lodging of the criminal case under the Gangster Act. This Court see no valid ground to detain the applicant in custody once the applicant has already been enlarged on bail in the case shown in the gang chart.

¶13

There are five cases shown in the gang chart against the applicant. However, other criminal history (apart from the gang chart) has been pointed out by learned A.G.A. The other criminal cases of the applicant has not been shown in the gang chart. No reasons have been shown by learned A.G.A. for non-inclusion of other criminal history in the gang chart. A separate list of criminal history, in Form No.4, is not attached with the gang chart detailing all the criminal activities of the gang and mentioning all the criminal cases nor abovementioned Form No.4 has been produced by learned A.G.A. before this Court. No material has been placed by learned A.G.A. to demonstrate that the name of the Applicant is entered into gang register kept in the police station concerned. The proceedings under the Gangster Act is required to be initiated by preparation of gang chart mentioning the criminal activities. It is not shown by learned A.G.A. that the details of other criminal cases against the applicant were before the authorities concerned at the time of approval of gang chart. To initiate under the Gangster Act preparation of gang chart is a condition precedent under Rule 5(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021. The gang chart is required to mention details of the criminal activity of the accused. The Commissioner of Police/District Magistrate is to record satisfaction on the basis of the gang chart that the foundation of action under the Gangster Act exists. When the other criminal cases of the Applicant have not been disclosed in the gang chart or Form No.4, then it can be gainfully said that initiation of proceedings under the Act is not on the basis of other criminal history of the applicant, as such other criminal history of the applicant cannot be an impediment to deny bail to the applicant, more particularly when the applicant has been enlarged on bail in previous criminal cases.

¶14

Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶15

Let the applicant- Prashant @ Lallu Yadav involved in Case Crime No. 446 of 2023, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Tajganj District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶16

i. The applicant will not tamper with the evidence during the trial.

¶17

ii. The applicant will not pressurize/intimidate the prosecution witness.

¶18

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.

¶19

iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶20

v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶21

vi. The applicant shall not leave India without the previous permission of the Court.

¶22

vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.

¶23

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶24

Order Date :- 3.10.2023 VMA

¶25

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Prashant @ Lallu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prashant @ Lallu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjay Gautam Vs State of U.P.

Simmi Singh Alias Summi Alias Jaykaran Vs State of U.P.

Shahnabaz @ Majju Turki Vs State of U.P.

Mohammad Hamid Vs State of U.P. and 3 Others

Sunil Yadav Vs State of U.P.

Bharat Kumar Sharma Vs State of U.P.