Allowed

Mahesh v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC11 Sept 2024/9662/2024

Case brief

AI extract

What is this about?

High Court allowed a bail application under the U.P. Gangster Act. The court held that conditions of Section 19(4) were properly complied with based on parity with co-accused. Bail granted subject to personal bond, sureties, and strict conditions regarding attendance and proceedings.

What did the court decide?

Applicant released on bail via personal bond and two sureties on specific conditions including attendance and no adjournments without cause.

Mahesh Vs State of U.P. Thru. Prin. Secy. Home, Lucknow — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62948

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9662 of 2024

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Applicant :- Mahesh

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh, J.

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Heard learned counsel for the applicant, Sri Gyanendra Singh, learned AGA and perused the record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.306 of 2023, under Section 3(1) U.P. Gangster (Prevention of Anti Social Activities) Act, 1986, Police Station Chinhat, District Lucknow.

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Learned counsel for the applicant submits that applicant has been implicated in the Gangster Act on the basis of seven cases shown in the gang chart. He further submits that in the aforesaid cases, the applicant has been enlarged on bail and copies of the bail orders have been annexed collectively as Annexure-3 to the bail application.

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Learned counsel for the applicant further submits that co-accused, namely, Mohammad Arif and Chhotu, having similar situation, have been granted bail by this Court vide orders dated 08.12.2023 and 09.07.2024 passed in Criminal Misc. Bail Application Nos.14458 of 2023 and 7341 of 2024 respectively. He also submits that applicant has no other criminal history and he has been in jail since 23.12.2022, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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Learned AGA has opposed the prayer for bail, but

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could not dispute the aforesaid submissions made by learned counsel for the applicant.

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Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and the fact that the other co-accused having similar situation, have been granted bail by this Court, this Court finds that conditions of Section 19(4) of the Gangster Act are properly complied with and the applicant is not guilty of such offence. Therefore, he is entitled to be released on bail.

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Let the applicant Mahesh 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. 8. It is made clear that 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 conclusion 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 :- 11.9.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Mahesh v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Mahesh v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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