Saeem @ Forman v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11353 of 2023 Applicant :- Saeem @ Forman Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Vipul Kumar, Brief Holder of Sri Rajesh Kumar Singh, learned A.G.A.-I for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.558 of 2023 under Section 2 (B) (xvii)/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, PS Mohammadi district Kheri.

¶3Learned counsel for the applicant has submitted that on the basis of single case, gang chart has been prepared against the applicant. Sri Shashank Shekhar Singh, learned counsel for the applicant has stated at Bar that there is no other criminal case pending against the applicant except the aforesaid case in gang chart. He has submitted that in the said case, the applicant has been granted bail copy of which have been annexed as Annexure No.3 to the bail application. He has further submitted 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. He has further submitted that co-accused Shahid, Varis, Rahid and Ashmeer have been granted bail by this Court in Crl. Misc. Bail Application No.11680 of 2023 on 26.9.2023 and co-accused Shair has been granted bail by this Court in Crl. Misc. Bail Application No.11994 of 2023 on 9.10.2023. He has further submitted that the applicant has no other criminal history except the case shown in the gang chart and he is in jail since 26.2.2023.

¶4Learned A.G.A. though opposed the prayer for bail but could not dispute the aforesaid facts and the fact that co-accused have been granted bail by this Court.

¶5Considering over all facts and circumstances of the case, the material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument of only one case against the applicant, the argument that co-accused have been granted bail, this Court finds that condition of Section 19 (4) of the Gangsters Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶6Let the applicant, Saeem @ Forman 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.

¶7It 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 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench