Allowed

Raju @ Nemchand v. State of U.P.

Allahabad HC8 Aug 2023BAIL/28356/2023

Case brief

AI extract

What is this about?

Hon'ble Vivek Varma, J. allowed a bail application under Section 439 Cr.P.C. filed by Raju @ Nemchand in a Special Session Trial arising under the U.P. Gangsters Act. The court released the applicant on bond after finding that the FIR allegations were vague and did not meet the statutory definition of a gangster, relying on Section 19(4)(b) of the Act.

What did the court decide?

Applicant booked under U.P. Gangsters Act released on bail upon furnishing personal bond and two sureties.

Raju @ Nemchand Vs State of U.P. — Public Procurement and Tenders | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159047

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28356 of 2023

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Applicant :- Raju @ Nemchand Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta,Mohammed Shadan Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Special Session Trial No. 27 of 2022, arsing out of Case Crime No. 186 of 2021, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, the "Gangsters Act"), Police Station Civil Lines, District Rampur during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, three cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in two other cases. In the said cases also he has been granted bail.

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He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature, against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. It is next submitted

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that the provisions of the Gangsters Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.

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It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 25.05.2021.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4)(b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Raju alias Nemchand, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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

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Order Date :- 8.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Raju @ Nemchand v. State of U.P.

Case brief

What is this about?

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Raju @ Nemchand v. State of U.P.

Case brief

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