Chandrika Vs State of U.P. Thru. Secy. Home Deptt. Govt. Lko

Neutral Citation No. - 2025:AHC-LKO:40929

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11780 of 2024

Applicant :- Chandrika Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Kaushal Kishore Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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The present bail application has been filed by accusedapplicant seeking bail in Case Crime No. 344 of 2024, under Sections 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- Ramsanehi Ghat, District- Barabanki.

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Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, in which he has been enlarged on bail. The bail order is on record as Annexure-3 to the affidavit filed in support of the bail application. Apart from the single case mentioned in the gang chart, the applicant has criminal history of ten more cases which have been explained in para no. 15 of the rejoinder affidavit in which also, he has been granted bail. The bail orders are on record as Annexure Nos. RA-1 to RA-7 to the rejoinder affidavit. The applicant is in jail since 13.4.2024.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

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It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the facts that the applicant is in jail since 13.4.2024; the applicant has been enlarged on bail in the case(s) shown in the gang chart; apart from the cases shown in the gang chart, he has criminal history of ten more cases in which also, he has been enlarged on bail 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.

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Accordingly, the bail application is allowed .

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Let the applicant- Chandrika involved in the aforesaid case crime number 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(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.

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(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.

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(v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail.

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(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 in accordance with law.

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(vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 them, in accordance with law, under Section 209 of BNS.

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Order Date :- 17.7.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Chandrika v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko

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Chandrika v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko

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