Allowed¶16

Vijay Kumar Choudhari v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC18 Sept 2024/9750/2024

Case brief

AI extract

What is this about?

Vijay Kumar Choudhari v. State of U.P.; Criminal Misc. Bail Application No. 9750 of 2024; decided 18.09.2024 by Hon'ble Manish Kumar, J., Allahabad High Court, Lucknow Bench (Neutral Citation 2024:AHC-LKO:64356); bail during trial under Sections 2/3 U.P. Gangsters Act, Case Crime No. 232 of 2021, P.S. Isanagar, District Lakhimpur Kheri; granted on parity with co-accused (Suresh, Ram Singh, Mintu, Veer Singh) and totality of facts; custody since 04.09.2024; conditions referencing Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C.

What did the court decide?

Applicant Vijay Kumar Choudhari to be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions enumerated in the order. ¶16

Vijay Kumar Choudhari 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 Vijay Kumar Choudhari, involved in Case Crime No. 232 of 2021 under sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Isanagar, District Lakhimpur Kheri, deserves enlargement on bail during the trial.

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Court's answer

Considering the nature of offence, totality of facts and circumstances, without entering into the merits of the case and on the ground of parity, the applicant has made out a fit case for grant of bail; the bail application is allowed.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions including: undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date; liability under Section 229-A IPC for absence, proceedings under Section 174-A IPC upon failure to appear after proclamation under Section 82 Cr.P.C., and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.

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Key takeaways

Anything said in the order is limited to the purpose of determining the bail application and is not an expression on the merits; the trial court remains absolutely free to arrive at independent conclusions on the evidence led.obiter¶22

Detailed headnote1 paragraphs

Bail granted — U.P. Gangsters and Anti-Social Activities (Prevention) Act, Sections 2/3 — Case Crime No. 232 of 2021, P.S. Isanagar, District Lakhimpur Kheri — applicant in custody since 04.09.2024 — two cases shown in gang chart and four further cases, applicant on bail in all — co-accused Suresh, Ram Singh, Mintu and Veer Singh already released on bail in 2021 — bail application allowed on parity and totality of circumstances, without expressing on merits — release on personal bond and two sureties each in like amount, with conditions as to attendance, no adjournments when witnesses present, and consequences under Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C. — observations confined to the bail determination.

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Neutral Citation No. - 2024:AHC-LKO:64356

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Court No. - 32

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9750 of 2024

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Applicant :- Vijay Kumar Choudhari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma

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Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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By means of this application, the applicant, who is involved in Case Crime No. 232 of 2021, under sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station - Isanagar, District - Lakhimpur Kheri is seeking enlargement on bail during the trial.

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Learned counsel for the applicant has submitted that the accused applicant has falsely been implicated in the present case. It is further submitted that two cases has been shown against the applicant in the gang chart, copy of the gang chart is annexed as Annexure-2 to the bail application. The applicant is on bail in the cases shown in the gang chart, copies of the bail orders are annexed as Annexure nos. 3 & 4 to the affidavit filed alongwith bail application.

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It is further submitted that apart from two cases shown in the gangchart the applicant has a criminal history of four more cases and in all the cases, he is enlarged on bail, copy of bail orders are annexed as Annexure Nos.5,6,7 and 8 to the affidavit filed alongwith the bail application. There is no incriminating evidence pertaining to offences charged in aforesaid cases against the applicant. The accused-applicant is languishing in jail since 4.9.2024.

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It is further submitted that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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It is further submitted that co-accused persons namely, Suresh, Ram Singh and Mintu and Veer Singh have preferred Bail No.

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5926 of 2021, Bail No. 7101 of 2021 an 10571 of 2021 and this court vide its orders dated 16-06-2021, 29-07-2021 and 24.09.2021 have granted bail. Copies of the bail orders have been enclosed as Annexure Nos. 12, 11 & 10 respectively to the affidavit filed alongwith bail application.

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It is further submitted that the case of the applicant stands at the same footing as that to the case of co-accused persons to whom bail has been granted and hence, the applicant is entitled for the parity of the same.

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On contra, learned A.G.A. has opposed the prayer for grant of bail but unable to dispute the fact regarding grant of bail to the coaccused persons and the submissions raised by the learned counsel for the applicant.

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After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case and also on the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.

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Let the applicant Vijay Kumar Choudhari involved in Case Crime No. 232 of 2021, under sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station-Isanagar, District-Lakhimpur Kheri be released on bail on his furnishing 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 them 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

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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 clarified that anything said in this order is 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. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 18.9.2024 S. Kumar

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

Vijay Kumar Choudhari v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Vijay Kumar Choudhari v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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What did the court decide?

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What the court decided

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