Allowed

Ashok and Another v. State of U.P.

Allahabad HC7 Aug 2023BAIL/7278/2023

Case brief

AI extract

What is this about?

The High Court granted bail to applicants Ashok Yadav and Durgvijay Yadav in a bail application under Section 439 Cr.P.C. in a case under the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, noting that other co-accused had been enlarged on bail by parity.

What did the court decide?

Applicants released on bail with personal bonds and two sureties each, subject to various conditions including attendance and non-removal of properties.

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

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Neutral Citation No. - 2023:AHC:159215

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7278 of 2023 Applicant :- Ashok And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shri Krishan Yadav,Santosh Kumar Rai,Santoshprad Rai Counsel for Opposite Party :- G.A.,Lal Behari Yadav

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicants, 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. 540 of 2022 under Section 3(1) of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986 Police Station Sarai Lakhansi, District Mau.

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Learned counsel for the accused-applicants submitted that the applicants are innocent and have been falsely implicated in the instant case due to ulterior motive. According to the gang-chart (Annexure No.2), two cases have been shown against the accused-applicants, in which they have has been enlarged on bail. Copy of bail orders is annexed as annexure no.3 & 4 to the affidavit filed in support of bail application. The other co-accused, Kamlesh Rai @ Chunnu Rai and Vinay Rai @ Raja Rai have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 24411 of 2023 and 7247 of 2023, vide orders dated 02.06.2023 and 27.07.2023, 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 23.08.2022, in case he is 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 the case shown in the gang-chart, other co-accused, Kamlesh Rai @ Chunnu Rai and Vinay Rai @ Raja Rai have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 24411 of 2023 and 7247 of 2023, vide orders dated 02.06.2023 and 27.07.2023, and the applicant is languishing in jail since 23.08.2022, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicants on bail.

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Let applicants- Ashok Yadav and Durgvijay Yadav , be released on bail in the above case crime number on their furnishing a personal bond each and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 them in accordance with law.

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(v) The applicants 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 applicants shall also give an undertaking to the effect that they will not change their address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 7.8.2023 /Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Ashok and Another v. State of U.P.

Case brief

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Ashok and Another v. State of U.P.

Case brief

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