Tikam Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Neutral Citation No. - 2024:AHC-LKO:45199

Court No. - 32

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7142 of 2024

Applicant :- Tikam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Tribhuvan Narai Singh Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the applicant and Sri Rajdeep Singh, learned A.G.A. for the State.

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2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0439 of 2023 under Sections 2 (b) (i)/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police StationHyderabad District-Lakhimpur Kheri.

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3. Learned counsel for the applicant contends that as per the gang chart, only one case has been shown against the applicant in the gang-chart in which the applicant has been enlarged on bail, a copy of which has been annexed as Annexure no.3 to the bail application. He has submitted that on the basis of single case, the application has been falsely implicated.He has also submitted that the applicant has no criminal history except the case 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 Avadhesh has already been granted bail by coordinate Bench this Court vide order dated 18.12.2023 passed in Criminal Misc. Bail Application No.14937 of 2023. Lastly, it is contended by the learned counsel for applicant that the applicant is in jail since 25.10.2023.

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

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

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relevant documents; nature of offence; gang chart; the argument that the applicant is in jail since 25.10.2023, the argument that only one case has been 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 Avadhesh has already been granted bail by this Court, therefore, the applicant is entitled to be released on bail.

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

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7. Let the applicant, namely, Tikam , 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

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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 this order.

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(Brij Raj Singh, J.)

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Order Date :- 3.7.2024 dk/

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

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

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

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