Allowed

Lavlesh Pal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC16 Jul 2024/6707/2024

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was allowed. The High Court held the applicant was entitled to bail, citing the fulfillment of conditions under Section 19(4) of the Gangster Act and the prior granting of bail to a co-accused.

What did the court decide?

The applicant is directed to be released on bail by furnishing a personal bond and two sureties in the like amount, subject to specific conditions regarding court attendance and consequences of non-ap

Lavlesh Pal Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48213

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Court No. - 32

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6707 of 2024

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Applicant :- Lavlesh Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Mukhtar Ahamad,Ana Fatma Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Case is taken up through video conferencing.

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2. Heard Sri Mukhtar Ahamad, learned counsel for the applicant as well as Sri Rishikesh Verma, learned A.G.A. for the State and perused the record.

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3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime/F.I.R. No.0301 of 2023, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Dahi, District Unnao.

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4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, only three cases have been shown against the applicant in which he has been enlarged on bail and he has annexed the bail orders. He has also submitted that the applicant has no criminal history except the aforesaid cases shown in the gang chart in which he has already been granted bail. It has been submitted by learned counsel for the applicant that coaccused Arjun Khan has already been granted bail by Co-ordinate Bench this Court vide order dated 11.12.2023 passed in Criminal Misc. Bail Application No.14551 of 2023. Lastly, it is contended by learned counsel for applicant that the applicant is in jail since 07.07.2023.

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5. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that co-accused Arjun Khan has been granted bail by this Court.

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6. Considering the submissions of learned counsel for the parties, material available on record; contents of F.I.R.; other relevant

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documents; nature of offence; gang chart; the argument that the applicant is in jail since 07.07.2023, the argument that in the case shown in the gang chart in which the applicant has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act is properly complied with as well as the fact that coaccused Arjun Khan has already been granted bail by this Court, therefore, the applicant is entitled to be released on bail.

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7. Accordingly, the bail application of the applicant is allowed .

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8. Let the applicant, namely, Lavlesh Pal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in

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this order.

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Order Date :- 16.7.2024 Atul

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

Lavlesh Pal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Lavlesh Pal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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