Allowed¶11

Sopal v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC16 Jul 2024/6227/2024

Case brief

AI extract

What is this about?

Sopal v. State of U.P.; CRM(B) 6227 of 2024; Allahabad High Court, Lucknow Bench (Court No. 4); Rajesh Singh Chauhan, J.; decided 16.07.2024; bail allowed under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986; Case Crime No.0126 of 2024; P.S. Jaidpur, District Barabanki; gang chart with thirteen cases; bail already granted in all thirteen cases; parity with co-accused urged; no counter affidavit by State; personal bond and two sureties; conditions incl. Sections 229-A and 174-A IPC, Sections 82 and 313 Cr.P.C.; neutral citation 2024:AHC-LKO:48287.

What did the court decide?

Applicant Sopal to be released on bail in Case Crime No.0126 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the five enumerated conditions. ¶11

Sopal Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Sopal, in custody since 12.04.2024 in Case Crime No.0126 of 2024 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (Police Station Jaidpur, District Barabanki), should be enlarged on bail.

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Court's answer

The bail application is allowed; applicant Sopal is to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions.

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Ratio / Principle

Bail was granted without entering into the merits, considering the arguments of counsel, the contents and allegations of the FIR, the State's failure to file a counter affidavit despite last opportunity, the fact that the applicant has been granted bail in all thirteen cases shown against him, and his undertaking to cooperate in the trial proceedings and not misuse the liberty of bail.

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Key takeaways

Release on bail is made subject to conditions, including: an undertaking not to seek adjournments on dates fixed for evidence when witnesses are present; presence before the trial court on each date personally or through counsel (with exposure under Section 229-A IPC on unexplained absence); liability to proceedings under Section 174-A IPC upon misuse of bail and failure to appear pursuant to a proclamation under Section 82 Cr.P.C.; personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; and not leaving India without previous permission of the court.ratio¶17

Detailed headnote1 paragraphs

Bail granted under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (Case Crime No.0126 of 2024, Police Station Jaidpur, District Barabanki). Applicant Sopal, in custody since 12.04.2024, had thirteen cases indicated against him in the gang chart (Annexure No.2) and had been granted bail in all thirteen; the State filed no counter affidavit despite a last opportunity; the applicant undertook to cooperate in the trial and not misuse bail. The Court, without entering into the merits, allowed the bail application and directed release on a personal bond with two sureties each in the like amount, imposing conditions covering attendance at trial stages (with Sections 229-A and 174-A IPC and Section 82 Cr.P.C. consequences for default/misuse), presence at framing of charge and Section 313 Cr.P.C. examination, and no departure from India without prior permission of the court.

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Neutral Citation No. - 2024:AHC-LKO:48287

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Court No. - 4

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6227 of 2024 Applicant :- Sopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jay Kumar Soni,Nevedita Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Despite the last opportunity having been given to the State to file counter affidavit, no counter affidavit has been filed.

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As per learned counsel for the applicant, the present applicant is in jail since 12.04.2024 in Case Crime No.0126 of 2024, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Jaidpur, District - Barabanki.

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Learned counsel for the applicant has submitted that against the present applicant, thirteen cases have been indicated in the gang chart (Annexure No.2) against the present applicant, particular of one case has been given in the gang chart and in all thirteen cases, the applicant has been granted bail as explanation of all thirteen cases has been given in para-7 of the bail application enclosing the bail orders as Annexure No.3 to the bail application collectively. Further submission is that in all the cases, the applicant was not named but he has been implicated on the basis of single arrest. Learned counsel for the applicant has further submitted that 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. He has further submitted that the applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel for the applicant has further submitted that all the co-accused persons have been granted bail, therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. Further, the applicant undertakes that he shall not misuse the liberty of bail, if so 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 despite the last opportunity having been given to the State to file counter affidavit, no counter affidavit has been filed; in all thirteen cases shown against the present applicant, 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- Sopal 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 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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[Rajesh Singh Chauhan,J.]

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Order Date :- 16.7.2024 /RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sopal v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Sopal v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What the court decided

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