Allowed

Bhure @ Rizwan v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC16 May 2024BAIL/5328/2024

Case brief

AI extract

What is this about?

Application for bail filed by an applicant lodged under the U.P. Gangster Act. The court noted previous bail grants in related cases and the applicant's undertaking not to misuse liberty. Bail was allowed with strict conditions regarding court attendance and non-abuse of liberty.

What did the court decide?

Bail granted on furnishing personal bond and two sureties with conditions for court attendance and non-misuse of liberty.

Bhure @ Rizwan vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43438

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Court No. - 2

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5328 of 2024

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Applicant :- Bhure @ Rizwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Surendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Surendra Kumar Mishra, learned counsel for the applicant and Sri Aatrey Tripathi, learned Additional Government Advocate for the State.

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2. As per learned counsel for the applicant, the present applicant (Bhure @ Rizwan) is languishing in jail since 29.04.2024 in Case Crime No.269 of 2024, under Section 2 (B) (17)/ 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police StationMohammadi, District-Lakhimpur Kheri.

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3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

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4. Learned counsel for the applicant has further submitted that against the present applicant there is only one case shown in the gang chart (Annexure No.2) in which the applicant has been granted bail by the learned court below. The bail order has been enclosed as Annexure No.3 to this bail application. He has also submitted that except the case shown in the gang-chart, the applicant is having criminal history of three more cases, as recital to this effect has been given in para-8 of the bail application, wherein the applicant has been granted bail by the learned court below and the bail orders thereof have been annexed as Annexure Nos.4, 5 & 6 to the bail application.

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5. Learned counsel for the applicant has further submitted that the present applicant has not misused the liberty of bail so granted to him and detention of the present applicant under Gangster Act is unwarranted. He undertakes that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly.

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On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contentions of learned counsel for the applicant.

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7. Considering the facts and circumstances of the case, perusing the material available on record, arguments advanced by the

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learned counsel for the parties and without expressing any opinion on merits of the case, I find it appropriate that the present applicant may be released on bail. Therefore, the instant bail application is allowed.

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8. Let the applicant (Bhure @ Rizwan) be released on bail in the aforesaid case crime number 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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(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 applicants fail 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. The applicant shall not leave the country without prior permission of the Court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.6.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Bhure @ Rizwan v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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Bhure @ Rizwan v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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