Allowed

Rahul v. State of U.P.

Allahabad HC26 May 2023BAIL/9532/2023

Case brief

AI extract

What is this about?

The Criminal Miscellaneous Bail Application was allowed. The High Court enlarged the applicant on bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, subject to executing a personal bond, furnishing two heavy sureties, and adhering to specific conditions for courtroom presence and conduct.

What did the court decide?

Enlargement of the applicant on bail on executing a personal bond and furnishing two heavy sureties (one family member) subject to specified conditions.

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

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Neutral Citation No. - 2023:AHC:123820

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9532 of 2023

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Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ulajhan Singh Bind Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ulajhan Singh Bind, learned counsel for the applicant and Sri Mithilesh Kumar, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that only one case has been shown against the applicant in the Gang Chart which has been annexed at page-17 of the bail application and in the said case, the applicant has been granted bail by the competent Court. Apart from the case which has been shown in the gang chart 11 other cases are there against the applicant out of which four were ended into acquittal, which have been detailed in paragraph no.5 of the affidavit accompanying this bail application and in seven cases applicant is on bail, which have been detailed in paragraph nos.5 and 6 of the affidavit accompanying this bail application. The applicant is in jail since 13.12.2021.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Rahul involved in Case Crime No.493 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Baghpat, District Baghpat be enlarged on bail on his executing a personal bond and furnishing two heavy sureties (one should be of family member) , each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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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

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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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Order Date :- 26.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Rahul v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul v. State of U.P.

Case brief

What is this about?

What did the court decide?

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