Single judge allowed a criminal bail application filed under the U.P. Gangster Act. The court held that conditions of Section 19(4) were properly complied with despite the charge of gangsterism.
Release on bail by furnishing a personal bond and two sureties each in a like amount to the satisfaction of the Court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:49289
Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7740 of 2024
Applicant :- Kuldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sanat Singh Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Case has been taken up through video conferencing.
2 . Heard learned counsel for the applicant and Sri Rajdeep Singh, learned A.G.A. for the State.
3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0654 of 2023 under Sections 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Dewa District- Barabanki.
4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the gang chart, three cases have been shown against the applicant in which he has been enlarged on bail, a copies of which have been annexed as Annexure no.3 to the bail application collectively. He has further submitted that there is one more case against the applicant in which applicant has been granted bail by this Court. Lastly, it is contended by the learned counsel for applicant that the applicant is in jail since 19.03.2024.
5. Learned A.G.A. has opposed the prayer for bail and on the basis of instructions, he has summited that gangster act has been imposed against the applicant after due deliberation, therefore, he is not entitled to be released on bail.
6. Considering the submissions of learned counsel for the parties, material available on record; contents of F.I.R.; other relevant documents; nature of offence; gang chart; the argument that the applicant is in jail since 19.03.2024, the
argument that in all the cases the applicant has been granted bail,this Court finds that condition of Section 19(4) of the Gangster Act is properly complied with, therefore, the applicant is entitled to be released on bail.
7. Accordingly, the bail application of the applicant is allowed .
8. Let the applicant, namely, Kuldeep , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
(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.
(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 initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(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.
It is made clear that the observations made in this order are 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. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
(Brij Raj Singh, J.)
Order Date :- 22.7.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to release on bail under the U.P. Gangster Act considering conditions of Section 19(4) were met.
1 provisions across 1 enactments
Kuldeep
State Of U.P. Thru. Prin. Secy. Home Lko
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
