Sahaj Ram @ Tiger v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11047 of 2023 Applicant :- Sahaj Ram @ Tiger Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Atiya Abid,Safiya Abid Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Ms. Atiya Abid, learned counsel for the applicant and Mohd. Ashif Khan, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR No.755 of 2023 under section 3(1) U.P. Gangster & Anti Social Activities ( Prevention) Act, 1986, Police Station Kotwali, District Barabanki

3.Learned counsel for the applicant contends that on the basis of single case the applicant has been falsely implicated in the Gangster Act in which he is on bail, a copy of the bail order has been annexed as Anneuxre no.3 to the affidavit filed in support of the bail application. She has further submitted that the applicant was also implicated in Gangster Act a copy of gang chart has been filed at page 71 of the affidavit filed in support of the bail application in which he has already been granted bail. He has annexed the copy of the bail order as Annexure No.R.A.-2 to the rejoinder affidavit dated 11.10.2023. Learned counsel for the applicant has also explained the criminal history of the applicant in para-6 of the affidavit filed in support of the bail application as well as in para-6 of the rejoinder affidavit dated 11.10.2023 satisfactorily. Learned counsel for the applicant has further submitted that the applicant is in jail more than 6 months in the present case i.e. from 15.04.2023 and sufficient period he has undergone.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.

¶5Considering the submissions of learned counsel for the parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument of incarceration period in jail since

15.04.2023, the argument that in the case shown in the gang chart, the applicant has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with , therefore, he is entitled to be released on bail.

¶6Let the applicant, namely, Sahaj Ram @ Tiger, 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. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 18.10.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench