Monu Khan Vs State of U.P. Thru. Prin. Secy. U.P. Lko.

Neutral Citation No. - 2024:AHC-LKO:36894

Court No. - 5

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4463 of 2024

Applicant :- Monu Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. Counsel for Applicant :- Anil Kumar Tiwari,Amaresh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard Shri Anil Kumar Tiwari, learned counsel for the applicant and Shri Prem Shankar Trivedi, learned A.G.A. for the State and perused the record.

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The applicant seeks bail in Case Crime No.282 of 2020, under section- 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act- 1986, P.S. Ganga Ghat, District- Unnao.

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Learned counsel for the appellant submits that three cases have been shown against the applicant in the gang chart annexed with the F.I.R. In the first Case Crime No.0188 of 2020, under Sections- 147, 148, 149, 302, 34, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Gangaghat, District- Unnao, the applicant has been enlarged on bail by a coordinate Bench of this Court by means of the order dated 04.04.2024 passed in Criminal Misc. Bail Application No.7891 of 2023, a copy of which has been placed on record as annexure no.3 to the application. In the second Case Crime No.374 of 2019, under Sections- 147, 148, 149, 307, 323, 427, 504, 506 I.P.C., Police Station- Kotwali Gangaghat, District- Unnao, the applicant has been enlarged on bail by means of the order dated 09.08.2019 passed by the Additional Sessions Judge, Court No.3, Unnao, a copy of which has been placed on record as annexure no.4 to the application. In the 3rd case bearing Case Crime No.702 of 2019, under Sections- 147, 148, 352, 504, 506 I.P.C., Police Station- Kotwali, District- Unnao, the applicant has been enlarged on bail by the Chief Judicial Magistrate, District- Unnao by means of the order dated 11.01.2024, a copy of which has been placed on record as annexure no.5 to the application. Learned counsel for the applicant further submits that there is no other case against the applicant.

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He also submits that co-accused Tipu Sultan @ Rashid and Sahnawaj Bihari @ Sahnawaz Anzar against whom there are three cases in the gang chart have been enlarged on bail by

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means of the order dated 16.04.2024 passed in Criminal Misc. Bail Application No.3982 of 2024 and order dated and 22.12.2023 passed in Criminal Misc. Bail Application No.15368 of 2023 respectively and some other co-accuseds have been enlarged on bail. The applicant is in jail since 07.07.2020.

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Learned A.G.A. opposed the prayer for bail but could not contradict the aforesaid facts as argued by the learned counsel for the applicant.

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Having considered the submissions of learned counsel for the parties and looking to the quantum of the punishment, nature of the offence and the period of detention in jail and also the fact that the applicant has been granted bail in the cases shown in the gang chart and the co-accuseds having similar role and cases against them have already been enlarged on bail, the applicant is entitled for the bail. Thus, the bail application is allowed .

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Let the applicant - Monu Khan be released on bail in aforesaid Case Crime, 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 or participate in any 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 officer 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 sufficient cause, the Trial Court may proceed against him under Section 229-A 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

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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 (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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................................................................... (Rajnish Kumar, J.) Order Date :- 14.5.2024 Haseen U.

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

Monu Khan v. State of U.P. Thru. Prin. Secy. U.P. Lko.

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