Chunnu Lal @ Chunnu v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12498 of 2023 Applicant :- Chunnu Lal @ Chunnu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Kumar Shukla,Kishan Tiwari,Rohit Shukla,Shrayansh Verma Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Kishan Tiwari, learned counsel for the applicant, Shri Rajnish Kumar, learned AGA appearing for the State and perused the record.

¶2This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.208 of 2022, under Section 2 (b) (i)/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Singhai, District Kheri.

¶3It is contended by learned counsel for the applicant that the applicant has been implicated in Gangster Act on the basis of single case and in the said case, the applicant is on bail. The bail order has been annexed as Annexure 2 to the afÏdavit filed in support of bail application. The applicant has no other criminal history. Learned counsel contended that the other co-accused namely Natthu and Ram Kishore @ Kishori having identical role have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.10954 of 2023. The bail order is annexed as Annexure 3 to the bail application.

¶4It is further contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. The applicant is in jail since 05.03.2022.

¶5On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact raised by learned counsel for the applicant that there is only one case and the other co-accused have been granted bail.

¶6Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and the fact that on the basis of single case, gangster act has been imposed against the applicant and argument that co-accused namely Natthu and Ram Kishore @ Kishori have been granted bail, therefore, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶7Let the applicant, namely, Chunnu Lal 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 sufÏcient 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 sufÏcient 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.

¶8It 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 :- 19.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench