Rajendra Upadhyay v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51466 of 2023 Applicant :- Rajendra Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Kripa Kant Pandey,Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A.,Amit Singh,Sunil Kumar Singh Hon'ble Mrs. Renu Agarwal,J.

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

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.36 of 2020 under Section 3(1) of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986 Police Station Chetganj District Varanasi.

¶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.2), ten cases are shown against the accused-applicant, in which he has been enlarged on bail except one case bearing Case Crime No. 811 of 2018 in which final report has been submitted. Apart from the cases shown in the gang chart the applicant has criminal history of six more cases which are explained in paragraph-9 of the affidavit filed in support of the bail application. The applicant is languishing in jail since

24.02.2020, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, Shri Sunil Kumar Singh, learned counsel as well as learned AGA has opposed the prayer for bail and submitted that all the cases shown in the gang chart have been instituted by the same informant and the applicant brutally murdered his brother and wife of his brother and the of their children is also at peril in case the applicant is released on bail. It is also submitted that in Case Crime No. 227 of 2019 the informant had moved Special Leave Petition before the Hon'ble Supreme Court for cancellation of the bail granted by a co-ordinate Bench of this Court, hence in these circumstances the instant application for bail is liable to be rejected.

¶5From the perusal of records it transpires that the applicant has explained his criminal history of all the cases, the maximum punishment prescribed for the cases falling under the Gangster Act is two years whereas the applicant is languishing in jail for more than three years in the instant case, the criminal history of the applicant is well explained and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Rajendra Upadhyay 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.

(iv) The bail granted under this order shall be subject to the outcome of Special Leave Petition filed before the Hon'ble Supreme Court in Case Crime No. 227 of 2019. (Renu Agarwal,J.) Order Date :- 7.12.2023 Nadeem High Court of Judicature at Allahabad