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

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

What the court decided

AI extract

Outcome

Applicant Prem Vishwakarma to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court; on breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether Prem Vishwakarma, arraigned in Case Crime No. 273 of 2023 under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Maharajganj, District Azamgarh, is entitled to be enlarged on bail under Section 439 Cr.P.C. during the pendency of the trial.

Court's answer

Considering the rival submissions of counsel, the material on record and Section 19(4)(b) of the Gangsters Act, in light of the applicant's submission that while on bail he would not commit any crime/offence nor tamper with evidence or influence witnesses, and without expressing any opinion on the merits of the case, the court held the applicant entitled to be released on bail and allowed the bail application.

Ratio / Principle

The applicant Prem Vishwakarma is to be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court; in case of breach of any condition, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶17

Detailed headnote1 paragraphs

Bail allowed (Allahabad High Court, Hon'ble Vivek Varma, J., Order Date 11.12.2023; Neutral Citation 2023:AHC:233821) - CRIMINAL MISC. BAIL APPLICATION No. 47305 of 2023: applicant Prem Vishwakarma sought enlargement under Section 439 Cr.P.C. in Case Crime No. 273 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Maharajganj, District Azamgarh, during pendency of trial. Counsel submitted that the gang chart showed one case against the applicant (in which he was already enlarged on bail) plus three other cases in all of which he was on bail, and that the F.I.R.'s allegations of disturbing public order and gaining undue temporal/pecuniary/material advantage were vague, the F.I.R. resting on pending criminal cases rather than new allegations or discovery of facts. Learned A.G.A. opposed but could not satisfactorily dispute the submissions from the record. Taking note of Section 19(4)(b) of the Gangsters Act and the applicant's undertaking not to commit any offence, tamper with evidence or influence witnesses, and without expressing any opinion on the merits, the court held the applicant entitled to bail and allowed the application: release on a personal bond and two sureties each of like amount, conditioned on non-tampering with prosecution evidence, non-pressurization of witnesses and appearance on every trial date; breach entitles the prosecution to move a bail cancellation application before this Court.

Neutral Citation No. - 2023:AHC:233821

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47305 of 2023

Applicant :- Prem Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State of U.P. and perused the record.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 273 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Maharajganj, District Azamgarh, during the pendency of the trial.

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

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 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 01.09.2023.

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

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.

Let the applicant- Prem Vishwakarma , 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:

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

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

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

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

Order Date :- 11.12.2023 Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad