Allowed

Pawan Rathore and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC10 Jan 2024/292/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. Applicant in jail since November 29, 2023, faces charges under U.P. Gangster Act. Court finds it a fit case for bail imposing strict conditions regarding witness tampering, adjournments, and affidavits under Section 19(4) of the Gangster Act.

What did the court decide?

Released on bail by furnishing personal bond and two sureties each with strict conditions including affidavit under Section 19(4) of U.P. Gangster Act.

Pawan Rathore and 2 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2584

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 292 of 2024

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Applicant :- Pawan Rathore And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Ramesh Chandra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the accused-applicants as well as learned A.G.A. for the State and perused the record.

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Learned counsel for accused-applicants while pressing the bail application submits that the accused-applicant No.1 has been falsely implicated in the instant case as well as other four cases mentioned in the gang chart. In all the other four cases mentioned in the gang chart, he has been released on bail. The bail orders are on record, except one case relating to F.I.R. No.117/2023 as it is not available, as Annexure No.2 to the bail application. Apart from the cases mentioned in the gang chart, there is no other case pending against the accused applicant.

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So far as the applicant Nos.2 and 3 are concerned, three other cases have been shown against them in the gang chart in which they have been enlarged on bail, the bail orders are annexed as Annexure No.4 to the bail application. Apart from the cases mentioned in the gang chart, there is no other case pending against them.

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It has been further submitted that applicants are in jail since 29.11.2023 and if facility of bail is granted, there is no apprehension that they will flee from the judicial process and they will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicants.

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Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which they are in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.

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Let the applicants, (1) Pawan Rathore, (2) Ankit Gupta, (3) Ram Ji involved in Case Crime No.0376 of 2023, under Sections 2(b)(i)/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Pasgawan District - Khiri be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/ intimidate the prosecution witness.

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(iii) The applicants 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 officer or tamper with the evidence.

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(iv) 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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(v) The applicants shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that they will not indulge in any case for or misuse the liberty of bail.

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(vi) 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 them under Section 229-A of the Indian Penal Code.

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(vii) 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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Order Date :- 10.1.2024

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Pawan Rathore and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Pawan Rathore and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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