Allowed

Neeraj Sahu v. State of U.P.

Allahabad HC24 Aug 2023BAIL/34557/2023

Case brief

AI extract

What is this about?

This bail application was granted under Section 439 Cr.P.C. The High Court released the applicant without expressing an opinion on the merits of the case, relying on the applicant's prior bail history, the parity of orders regarding a co-accused already on bail, and the applicant's undertaking regarding the conduct of the trial.

What did the court decide?

Release of the applicant on bail subject to furnishing a personal bond and two sureties with various conditions including presence in court and non-disposal of surety properties.

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

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Neutral Citation No. - 2023:AHC:171175

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Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34557 of 2023 Applicant :- Neeraj Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Bhagwan Das Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Supplementary affidavit field on behalf of the applicant, is taken on record.

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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 seeking bail in Case Crime No.397 of 2023, under Section 2/3 of the U.P. Gangster and Antisocial Activities (Prevention Act), 1986 Police Station Kotwali, District Lalitpur.

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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 two cases have been shown against the accused-applicant, in which he has been enlarged on bail. Copy of bail order is annexed as annexure nos.3 and 4 to the affidavit filed in support of bail application. Apart from the cases shown against the applicant in the gang chart, the applicant has criminal history of three more cases which are explained in paragraph No.12 of the affidavit filed in support of the bail application. Identically situated co-accused Golu @ Sanjay Yadav, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.737 of 2023, vide order dated 07.07.2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the orders aforesaid. The applicant is languishing in jail since 05.06.2023, in case he is

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enlarged bail, he will not misuse the liberty and would 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 facts.

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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 two cases shown in the gang-chart and has explained his criminal history of three other cases in paragraph-12 of the affidavit filed in support of the bail application, identically situated co-accused Golu @ Sanjay Yadav, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.737 of 2023, vide order dated 07.07.2023, applicant is languishing in jail since 05.06.2023 and undertakes that in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings, 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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Let applicant- Neeraj Sahu 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 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 :- 24.8.2023 VKG

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

Neeraj Sahu v. State of U.P.

Case brief

What is this about?

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Neeraj Sahu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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