Allowed

Ganesh Yadav @ Ganeshi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko.

Allahabad HC5 Dec 2024BAIL/6064/2024

Case brief

AI extract

What is this about?

Bail application under the U.P. Gangsters Act where the applicant had been granted bail in all fourteen cases in his gang chart and co-accused were already enlarged on bail. The court allowed bail on parity, noting over eleven months' custody, without expressing any opinion on merits.

What did the court decide?

Applicant Ganesh Yadav @ Ganeshi to be released on bail in Case Crime No. 079/2024 on personal bond and two sureties with conditions.

Ganesh Yadav @ Ganeshi Vs State of U.P. Thru. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81707

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6064 of 2024 Applicant :- Ganesh Yadav @ Ganeshi Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko. Counsel for Applicant :- Krishna Kumar Tiwari,Archana Rawat,Arshad Siddiqui,Devendra,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Ms. Sonal Pandey holding brief of Ms. Archana Rawat, learned counsel for the applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

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As per learned counsel for the applicant, the present applicant is languishing in jail since 24.12.2023 in Case Crime No. 079 of 2024 u/s 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, P.S. Kursi, District Barabanki.

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

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Learned counsel for the applicant has further submitted that against the present applicant there are fourteen cases shown in the gang chart (Annexure No. 3) in which the applicant has been granted bail by this Court. The bail order has been enclosed as Annexure No. 4 to this bail application. All co-accused persons except the present applicant have been enlarged on bail as those orders have been enclosed with this bail application, so the present applicant may also be released on bail on the basis of principles of parity. The criminal history has been explained by the learned counsel for the applicant through supplementary affidavit. The applicant is in jail for more than 11 months.

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Learned counsel for the applicant undertakes on behalf of applicant 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 with the trial proceedings.

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Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the material available on record, arguments

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advanced by the learned counsel for the parties and also considering the fact that there are fourteen cases against the applicant and in all those cases he has already been granted bail, all the criminal history has been explained by the learned counsel for the applicant through supplementary affidavit, all co-accused persons except the present applicant have been enlarged on bail as those orders have been enclosed with this bail application, so the present applicant may also be released on bail on the basis of principles of parity, the applicant is in jail for more than 11 months and the undertaking of the counsel for the applicant that the applicant shall not misuse the liberty of bail and without expressing any opinion on merits of the case, I find it a fit case for bail.

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Bail application is allowed .

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Let the applicant- Ganesh Yadav @ Ganeshi , 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.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 5.12.2024/Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Ganesh Yadav @ Ganeshi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko.

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Ganesh Yadav @ Ganeshi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko.

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