Avinash Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11877 of 2023 Applicant :- Avinash Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶3Heard Shri Jaikaran, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved by the accused/applicant-Avinash Kumar Gautam for grant of bail, in case Crime No. 294/2021, under Section 2/3 (1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Shiv Ratanganj, District Raebareli (now Amethi), during trial.

¶5Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the four cases mentioned in the gang chart, however, in all these cases mentioned in the gang chart he has been granted facility of bail by the trial courts, vide order dated 27.06.2023 passed in Bail Application No. 2240 of 2023, order dated 09.10.2019 passed in Bail Application No. 653 of 2019 and order dated

04.10.2019 passed in Bail Application No. 652 of 2019 and by a Coordinate Bench of this Court, vide order dated 20.09.2023 passed in Crl. Misc. Bail Application No. 10068 of 2023 and copies of bail orders pertaining to these four cases are placed on record as Annexures No. 3, 4 and 5 to the bail application and Annexure No. S.A.2 to the supplementary affidavit dated

9.10.2023.

¶5It is further submitted that apart from the above mentioned four cases the applicant is also shown involved in other five criminal cases and in these five cases also the applicant has been granted bail by the competent criminal courts and the copies of bail orders pertaining to these cases are placed on record as Annexures Nos. 6, 7, 8 and 10 to the bail application and Annexure No. SA-1 to the supplementary affidavit

9.10.2023.

¶6It is further submitted that applicant is in jail in this case since 04.12.2021 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Otherwise also the allegations levelled in the First Information Report of the instant case are not sufficient enough to attract a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶7Learned A.G.A. on the other hand submits that the applicant is accused of committing heinous offence and therefore, he is not entitled to be released on bail.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicant has been involved in this case on the basis of four criminal cases mentioned in the gang chart and in these cases he has been granted bail by the trial courts as well as by a Coordinate Bench of this Court. Apart from these four cases the applicant is shown involved in other five criminal cases and in all these cases also the applicant has been granted bail by the competent criminal courts. The applicant is in jail in this case since 04.12.2021. His presence may be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶10Let applicant-Avinash Kumar Gautam involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶13Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 10.10.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench