Arif Vs State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Neutral Citation No. - 2025:AHC-LKO:16769

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2084 of 2025

Applicant :- Arif Opposite Party :- State Of U.P. Through Secretary Home Department Civil Secretariat, Lucknow Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant, learned A.G.A. for opposite party-State.

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First bail application has been filed with regard to case crime No. 1 of 2025 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Sandila, District Hardoi.

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It is submitted that as per gang chart, applicant has been shown involved in one case being case crime No. 212 of 2024 under Section 317(2) BNS in which he has already been enlarged on bail by Sessions Court in bail application No. 1574 of 2024. It is further submitted that in another case crime No.244 of 2023 under Sections 323 504, 506 IPC the applicant has been issued a notice under Section 41(A) IPC.

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Learned A.G.A. has opposed bail application but does not dispute the aforesaid facts.

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Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation , reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-

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"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

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"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

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Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material available on record, it is admitted that in only one case shown in the gang chart, the applicant has already been enlarged on bail and with regard to other case a notice under section 41-A of Cr.P.C. has been issued and therefore conditions indicated in Section 19(4) of U. P. Gangster and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case.

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8. Accordingly bail application is allowed .

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Let applicant Arif involved in the aforesaid case crime 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 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 269 of Bharatiya Nayay Sanhita, 2023 (BNS).

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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 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS).

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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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). 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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Order Date :- 24.3.2025 prabhat

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

Arif v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

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Arif v. State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

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