Allowed

Abhinav Kumar @ Aashish v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC14 May 2024/4922/2024

Case brief

AI extract

What is this about?

Single judge allowed a bail application filed by Abhinav Kumar under the Gangster and Anti Social Activities (Prevention) Act, 1986, noting his prior bail grants and undertaking not to misuse liberty.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions regarding attendance, no adjournments, and restrictions on leaving India.

Abhinav Kumar @ Aashish Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36885

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4922 of 2024

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Applicant :- Abhinav Kumar @ Aashish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Supplementary affidavit filed today is taken on record.

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Heard Ms. Smriti, learned counsel for the applicant and Shri Aniruddha Singh, learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 20.02.2023 in Case Crime No.194 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Gangaghat, DistrictUnnao.

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Learned counsel for the applicant has submitted that against the present applicant, only four cases have been indicated in the gang chart (Annexure No.2) in which the applicant has been granted bail. The bail orders have been enclosed as Annexure Nos.3 to 6 to the bail application. Learned counsel for the applicant has further submitted that the present applicant has criminal history of four other cases, which have been shown in paragraph 8 of the memo of the application. He has also submitted the present applicant has not misused the liberty of bail so granted to him and detention of the present applicant under Gangster Act is unwarranted. She has further submitted that the applicant has been falsely implicated in the case as he has not committed any offence as alleged. Further, the applicant undertakes that he shall not misuse the liberty of bail, if so

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granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

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Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that four cases have been shown against the present applicant in the gang-chart in which he has been granted bail, in other criminal cases he has been granted bail and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Accordingly, the bail application is allowed .

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Let applicant- Abhinav Kumar @ Aashish be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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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

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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 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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(v) The applicant shall not leave India without previous permission of the court.

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Order Date :- 14.5.2024/Raj

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

Abhinav Kumar @ Aashish v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Abhinav Kumar @ Aashish v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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