Bail application under the U.P. Gangsters Act by an applicant already granted bail in both gang chart cases, with criminal history explained. Court found parity with co-accused Dilshad and enlarged him on bail subject to standard conditions.
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Neutral Citation No. - 2024:AHC-LKO:13390
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 148 of 2024
Applicant :- Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the two cases mentioned in the gang chart. In both cases mentioned in the gang chart, he has been released on bail. The bail order are on record as Annexure No.3 to the bail application. Apart from the cases mentioned in the gang chart, there is criminal history of eight cases which is explained in para 7 of the bail application. He submits that co-accused Dilshad has been enlarged on bail by the learned Sessions Judge vide order dated 06.02.2024 passed in Bail Application No.197/2024. Applicant claims parity with the bail order of Dilshad.
It has been further submitted that applicant is in jail since 24.11.2023 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will cooperate in speedy trial of the case.
Learned A.G.A. has opposed the prayer and has submitted that Dilshad was having only one case in the gang chart therefore, it is not a case of parity.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and the fact that applicant has been enlarged on bail in both the cases shown in the gang chart, applicant has explained the criminal history, applicant is in jail since 24.11.2023 as also the fact that applicant seeks parity with the bail order of co-accused Dilshad and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Alam involved in Case Crime No. 255 of 2023, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Jethawara District - Pratapgarh 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 which are being imposed in the interest of justice:(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) The applicant shall submit an undertaking on affidavit in
terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.
(vi) 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.
(vii) 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.
Order Date :- 13.2.2024
Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant in a Gangsters Act case, with bail already granted in gang chart cases and an explained criminal history, should be enlarged on bail on parity with co-accused Dilshad.
5 provisions across 3 enactments
Alam
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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