Disposed

Ravikesh Lal Dev v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC14 Jul 2025BAIL/6447/2025

Case brief

AI extract

What is this about?

Court considered gang-chart allegations against an applicant shown as gang leader with limited criminal history, both prior crimes already bail-granted by coordinate bench, applicant in jail since early January 2025; AGA opposed but did not dispute contentions. Without expressing opinion on merits, judge found it fit case for bail with additional attendance/no-adjournment conditions including penalties under Sections 229-A and 174-A IPC if absent or absconding.

What the court decided

AI extract

Ravikesh Lal Dev vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:39899

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Court No. - 30

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6447 of 2025

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Applicant :- Ravikesh Lal Dev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No.01 of 2025, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station - Salon, District - Raebareli.

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Perused the gang chart wherein the accused applicant, Ravikesh Lal Dev is shown at Serial No.1 as gang leader alongwith other members of gang. It appears that there is only one case registered against the accused applicant i.e. Case Crime No.327 of 2024, under Sections 319(2), 318(4), 338, 337, 336(3), 340(2), 3(5), 61(2) B.N.S. at Police Station Salon, District Raebareli.

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Learned counsel for the applicant submits that the applicant has no any type of gang nor he is involved in any criminal activities. He further submits that the applicant has already been enlarged on bail by co-ordinate Bench of this Court in the aforesaid case, which is mentioned in the gang chart, vide order dated 26.05.2025 passed in Criminal Misc. Bail Application No.4578 of 2025. He further submits that apart from the case mentioned in the gang chart, the accused-applicant is also having a criminal history of one case i.e. Case Crime No.487 of 2024, under Sections 319(2), 318(4), 338, 337, 336(3), 340(2), 61(2) B.N.S. and Section 66-C & 66-D of I.T. Act, Police Station Kotwali, District Azamgarh, wherein he has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 16.04.2025 passed in Criminal Misc. Bail Application No.2852 of 2025. He further submits that the accused applicant is languishing in jail since 02.01.2025.

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Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by

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learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant ( Ravikesh Lal Dev ) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 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 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.

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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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( Om Prakash Shukla,J. )

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Order Date :- 14.7.2025 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ravikesh Lal Dev v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Ravikesh Lal Dev v. State of U.P. Thru. Prin. Secy. Home Lko.

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