Allowed

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC8 Nov 2024/10934/2024

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangsters Act, the court considered submissions regarding false implication and undertakings not to engage in unlawful activities. Finding statutory conditions satisfied, the court granted bail with specific conditions regarding attendance, evidence tampering, and proclamation proceedings.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties subject to specified conditions of attendance and conduct.

Pawan Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73860

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10934 of 2024

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Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shiv Prasad Chaurasia,Panna Lal Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in F.I.R. No. 103 of 2019 under Sections 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Lambhua, District Sultanpur with the prayer to enlarge him on bail.

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Submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case and is in jail since 19.09.2024. It is further submitted on behalf of applicant that it is undisputed that one case has been shown in the gang chart and in the said case, the applicant is on bail. Learned counsel for the applicant also submits that the applicant undertakes that he will not involve in any activity, which is against the law. It is, thus, submitted that the applicant is entitled for bail. It is also submitted that in case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposes the prayer for grant of bail, but fairly concedes that in the case mentioned in the gang chart, applicant is on bail.

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Considering the submissions of learned counsel for parties and going through the record as also in view of the statement made by the learned counsel appearing on behalf of the applicant that the applicant will not involve in any activity, which is against the law, the twin conditions

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contained under Section 19 (4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act stand satisfied.

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In view of above, I am of the view that the applicant is entitled to be released on bail.

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Let applicant, namely, Pawan Kumar be released on bail in F.I.R. No. 103 of 2019, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229A IPC.

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(v) 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. may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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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Any violation of above conditions will be treated misuse of bail and the court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 8.11.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Pawan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

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