Single judge Court granted bail to the applicant under the U.P. Gangsters Act pending trial, imposing conditions regarding attendance, witness tampering, and surety verification without prejudice to merits.
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Neutral Citation No. - 2024:AHC-LKO:50135
Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7916 of 2024
Applicant :- Shyam Viyay Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
Instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 137 of 2024, under Section 2/3 (1) of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station -Akhand Nagar, District -Sultanpur.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter. He further submits that one case has been shown in the gang chart against the applicant, in which he has been enlarged on bail. Copy of the bail order has been filed as Annexure No. 2 to the bail application and except apart the above, there is no other previous criminal antecedent of the applicant as mentioned in para 11 of the afÏdavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any anti-social activities and he is neither a Member nor Leader of any gang and he is languishing in jail since 15-05-2024. He further submits that in case, the applicant is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
Per contra, learned A.G.A. has opposed the prayer for grant of bail, but, he could not dispute the fact that the applicant has been enlarged on bail in the case shown in the gang chart and there is no other
previous criminal history of the applicant.
Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.
Let the applicant- Shyam Vijay, involved in the aforementioned crime be released on bail, 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:-
(2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) 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.; and
(4) 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, the trial court shall initiate proceedings against him, in
accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 24.7.2024
AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is eligible for bail during the trial under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Whether the reformative theory of punishment and Article 21 mandate a grant of bail in this fit case.
6 provisions across 4 enactments
Shyam Vijay
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
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