Prince Vishwakarma vs State of U.P.

Neutral Citation No. - 2025:AHC:12254

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 601 of 2025

Applicant :- Prince Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Shubham Singh, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

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Learned A.G.A. submitted that he has received instructions in the matter for which he had sought time on 09.1.2025.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Prince Vishwakarma seeking enlargement on bail during trial in connection with Case Crime No. 181 of 2023, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, registered at P.S. Sarnath, District Varanasi.

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Learned counsel for the applicant argued that as per the gang chart, the applicant is shown to be involved in four criminal cases and in all the said cases he has been granted bail. Para 6 of the affidavit and annexure no. 2 of the affidavit being the orders granting bail to the applicant have been placed before the Court. It is argued while placing para-7 of the affidavit that apart from the cases mentioned in the gang chart and the present case, there is on other case registered against him. It is argued that the applicant is neither the leader nor a member of any gang and he has been falsely implicated in the present case after he has been enlarged on bail in the said cases. It is argued that identically placed coaccused Boby Bhardwaj has been granted bail vide order dated 22.6.2023 passed by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 26721 of 2023. It is argued that the applicant is in jail since 27.4.2023.

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6. Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the record, it is evident that the applicant has been granted bail in all the cases shown in the gang chart. Apart from the cases shown in the gang chart the applicant is involved in one other case in which also he has been granted bail. Identically placed co-accused Boby Bhardwaj has been granted bail by this Court.

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Looking to the facts and circumstances of this case, the nature of evidence, the absence of any convincing material to indicate the possibility of tampering with the evidence and he has been granted bail in the cases shown in the gang chart, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Prince Vishwakarma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant) 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of

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charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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(Samit Gopal,J.)

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Order Date :- 23.1.2025 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Prince Vishwakarma v. State of U.P.

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Prince Vishwakarma v. State of U.P.

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