The Court dismissed a bail application filed by a gangster accused who had absconded after bail in 2003, was apprehended in 2022 following a non-bail warrant, and failed to justify his non-appearance despite pending trial and trial transfer.
Bail application rejected; applicant not entitled to release on bail at this stage.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51657 of 2022
Applicant :- Anwar Alias Bhura Kasai Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Irteqa Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Mohd. Irteqa, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.36 of 2003, under Sections 147, 148, 149 and 307 IPC and Section 2/3 U.P.Gangster and Anti Social activities (Prevention) Act, 1986, Police Station Delhi Gate, District Aligarh during pendency of the trial.
In the present matter it appears that applicant was released on bail in the year 2003 and thereafter he absconded. He was arrested on the basis of NBW issued against him and at present he is in jail since 31.7.2022.
Learned counsel for the applicant submits that applicant was earlier released on bail in the present matter in the year 2003 and as no summons have ever been served to the applicant, therefore, he could not appear before the court concerned. He further submits that trial of the case was transferred from District Agra to District Aligarh and applicant could not become aware about this fact.
He further submits that applicant was not having any intention to avoid the court proceedings and in fact he is not gangster although he is having criminal history of 11 other cases but he has explained the criminal history of applicant in paragraph-4 to the supplementary affidavit filed in support of the present bail
application and out of 11 cases in 8 cases he has already been acquitted. He further submits that applicant gives an undertaking that in future he will not abscond and will cooperate with the court proceeding and will attend the court on each and every date either in person or through his counsel .
He further submits that applicant in the present matter is in jail for the last more than six months, therefore, he may be released on bail.
Per contra, learned AGA opposed the prayer for bail and submitted that applicant is gangster and he was earlier released on bail in the year 2003 in the present matter and thereafter he absconded and he did not even appear himself in the court and he was arrested in July, 2022, i.e., after about 19 years and he is also having long criminal history therefore, considering the facts and circumstances of the case, applicant should not be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
It is a case in which from the record it appears that initially applicant was released on bail in the year 2003 but thereafter he absconded and he did not appear before the court concerned and he was arrested in July, 2022, i.e., after about 19 years.
However, learned counsel for the applicant contended that applicant could not receive any summons, therefore, he could not appear before the trial court and thereafter the trial of the case was transferred from District Agra to District Aligarh and he could not receive any notice in this regard.
Be that as it may, applicant after release on bail in the year 2003 failed to appear before the court concerned even when his trial was pending before District Agra and in the bail application he did not take any ground that he was not aware that his trial was
transferred from District Agra to District Aligarh. He only stated in the bail application that he could not receive summons, therefore, he could not appear.
Applicant anyhow was arrested in the year 2022 and he is facing trial under the provisions of Gangsters Act although he is in jail since July, 2022 but if he will again release on bail then there is every possibility that he will again abscond .
Therefore, from the discussions made above, in my view, applicant is not entitled to be released on bail.
Accordingly, the instant bail application is rejected at this stage.
Order Date :- 24.3.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether an applicant who absconded after bail and was arrested nearly 19 years later should be released on bail despite claims of non-receipt of summons regarding trial transfer.
2 provisions across 2 enactments
Anwar Alias Bhura Kasai
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
