Jagdev Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:39892

Court No. - 30

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6474 of 2025

Applicant :- Jagdev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suresh Kumar Yadav 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 of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.283 of 2023, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Ram Sanehi Ghat, District-Barabanki, with the prayer to enlarge him on bail.

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The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case and in jail since 02.12.2023. It is further submitted on behalf of applicant that one case has been shown in the gang chart and in the said case applicant has been acquitted by the trial court on 01.07.2025. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in one case mentioned in the gang chart, applicant has been acquitted by the trial court.

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Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, this Court finds that condition of Section 19 (4) of the Act are properly complied with and at this stage, he is not guilty of such offence, therefore, applicant is entitled to be released on bail. The present bail application stands allowed .

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Let the applicant- Jagdev who is involved in aforementioned 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 subject to following conditions.

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(i) The applicant shall not commit or participate in any offence

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similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(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 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 IPC (Section 269 of B.N.S., 2023).

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(v) 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. (Section 84 of B.N.S.S., 2023), 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 IPC (Section 209 of B.N.S., 2023)

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. (Section 351 of B.N.S.S., 2023) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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(Om Prakash Shukla, J.)

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Order Date :- 14.7.2025 -Piyush-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Jagdev v. State of U.P. Thru. Prin. Secy. Home Lko.

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