Vishnu Shivhare v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50348 of 2023 Applicant :- Vishnu Shivhare Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri,Himanshu Goswami,Shivam Verma Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the material brought on record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.385 of 2023, under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention Act), 1986, Police Station Maudaha, District Hamirpur.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. According to the gang-chart (Annexure No.1), only one case has been shown against the accused-applicant, in which he has been enlarged on bail. Copy of bail order is annexed as annexure no.3 to the affidavit filed in support of bail application. Apart from the case shown against the applicant in the gang chart, the applicant has criminal history of ten cases, which have been explained in para-9 of the affidavit filed in support of bail application. The applicant has been acquitted in Case Crime Nos.818 of 2007, 872 of 2007 and 1019 of 2007. Final report has been submitted in Case Crime Nos.1591 of 2010, 1598 of 2010, 601 of 2010 and 131 of 2016. Proceeding has been dropped by efflux of time in Case Crime Nos.321 of 2012 and 09 of 2006. Applicant has been enlarged on bail in Case Crime No.671 of 2007. Hence the criminal history of the applicant is well explained. The applicant is languishing in jail since 17.08.2023, in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts.

¶5Considering the facts and circumstances of the case and taking into account that the accused-applicant has been enlarged on bail in the case shown in the gang-chart, apart from the case shown against the applicant in the gang chart the applicant has criminal history of ten cases, which have been well explained in para-9 of the affidavit filed in support of bail application, applicant is languishing in jail since 17.08.2023 and undertakes that in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6Let applicant-Vishnu Shivhare, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(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.

(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.

(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.

(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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 24.11.2023 VKG High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad