Allowed

Sabaan v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Allahabad HC22 Oct 2024BAIL/11148/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Sabaan under the U.P. Gangsters and Anti Social Activities Act. The court found it a fit case for bail but imposed strict conditions regarding witness tampering and court appearance.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions regarding tampering and appearance.

Sabaan vs State of U.P. through Secretary Home Department… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70875

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Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11148 of 2024 Applicant :- Sabaan Opposite Party :- State Of U.P. Through Secretary Home Department Civil Secretariat, Lucknow Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0256 of 2024, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station - Asiwan, District - Unnao.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He further submits that one case has been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail order has been filed as Annexure No. 3 to the bail application. Apart from the aforesaid, there are two cases criminal history against the applicant which has been explained in paragraph no. 9 of the bail application. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. The applicant is in jail since 12.9.2024 and he has undertaken that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. opposed the prayer of bail, but he could not dispute the fact that the applicant has been enlarged on bail and all the bail orders are appended alongwith the bail application.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 12.9.2024; one case has been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail order has been annexed as annexure no. 3 to the bail application; there are two cases criminal history against the applicant which has been explained in paragraph no. 9 of the bail application and the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, 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.

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Let the applicant- Sabaan 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:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(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

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(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.

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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.

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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.

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Order Date :- 22.10.2024/Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sabaan v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

Sabaan v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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