Kuldeep Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12374 of 2023 Applicant :- Kuldeep Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra 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 A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶3Heard Shri Manish Arora, holding brief of Shri Vivek Chandra, 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 on behalf of the accused-applicant/Kuldeep Yadav for grant of bail, in Case Crime No.0851 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Kotwali Nagar, District Barabanki during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the five cases mentioned in the gang chart. However, in all these cases mentioned in the gang chart, he has been released on bail and the bail orders with regard to these 5 cases have been placed as Annexure No.3 to 6 to this bail application as well as S.A.-1 of the supplementary affidavit dated 17.10.2023.

¶6He further submits that apart from these five cases, the complicity of the applicant is also shown with regard to other 4 criminal case(s), however, in all these cases also, he has been granted bail. A copy of these bail orders have also been placed as Annexure No.S.A.2 to 4 of the supplementary affidavit dated

17.10.2023 and apart from the above mentioned cases, the applicant is not involved in any other criminal case.

¶7It is also submitted that the applicant is in jail in this matter since 20.09.2022 and having regard to the fact that only on the basis of 5 criminal case(s), the provisions of Gangster Act has been invoked against the applicant and the material which has been made the basis of lodging the first information report in this case is not sufficient enough to raise a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to him.

¶8Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶9Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act has been invoked against the applicant on the basis of 5 cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart he has been released on bail by trial court and apart from the above mentioned 5 cases, the complicity of the applicant is stated to be shown in other 4 criminal cases, wherein also he has been granted bail and apart from the above mentioned cases, the applicant is not involved in any other criminal case. All the offences mentioned in the gang chart as well as shown as criminal history of the applicant are triable by magistrate. The applicant is in jail in this case since 20.09.2022. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. The presence of the applicant could be secured before the trial court by placing adequate conditions/restrictions.

¶10Keeping 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 of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶11Let the accused-applicant/Kuldeep Yadav involved in 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.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 18.10.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench