Allowed

Pawan v. State of U.P.

Allahabad HC17 Aug 2023BAIL/33522/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under Section 439 Cr.P.C. for an accused charged under the U.P. Gangster and Antisocial Activities Act. The court, noting parity with a co-accused who was already granted bail, released the applicant on a personal bond and two sureties with strict conditions to ensure his presence in trial.

What did the court decide?

Accused applicant Pawan released on bail subject to furnishing a personal bond and two sureties with conditions regarding appearance, misuse of bail, and property status.

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

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Neutral Citation No. - 2023:AHC:166101

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33522 of 2023

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Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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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 on behalf of the applicant seeking bail in Case Crime No. 133 of 2021 under Section 3 (1) of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986 Police Station Chajlet, District Moradabad.

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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. 2), only one case has been shown against the accusedapplicant, in which he has been enlarged on bail and copy of the bail order is annexed as annexure No. 3 to the affidavit filed in support of the bail application. Apart from the cases shown in the gang chart the applicant has criminal history of seven cases as has been disclosed in paragraph No. 14 of the affidavit filed in support of the bail application and in all the cases, the applicant has been granted bail by the learned court below. Identically situated coaccused Amit has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 29963 of 2023, vide order dated 25.07.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 16.01.2021, in case he is enlarged on bail, he will not misuse the liberty of bail and will 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 factual matrix.

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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 cases shown in the gang-chart, identically situated coaccused Amit has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 29963 of 2023, vide order dated 25.07.2023 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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The bail application is allowed.

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Let applicant Pawan 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 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

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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 :- 17.8.2023 Jaswant

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

Pawan v. State of U.P.

Case brief

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Pawan v. State of U.P.

Case brief

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