Shyam Sundar Kashyap v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12519 of 2023 Applicant :- Shyam Sundar Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Amrit Kumar Tiwari, learned counsel for the applicant, Shri Asif Khan, learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.404 of 2023, under Section 3(1) of U.P. Gangster (Prevention of Anti social Activities) Act, 1986, Police Station Jaidpur, District Barabanki.

¶3Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the instant case. In the gang chart, three cases have been shown against the applicant in single arrest in which the applicant has been enlarged on bail and bail orders have been collectively annexed as Annexure 3 to the bail application. Learned counsel contended that the applicant is not a member of any criminal gang. He submitted that he has explained the criminal history of the applicant in para 6 of the bail application showing one case in which he has been bailed out. The bail order is Annexure 4. The applicant is in jail since 30.09.2023.

¶4Learned AGA opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicant that the applicant has been granted in all the three cases shown in the gang chart.

¶5Considering 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 in all the three cases shown in the gang chart, the applicant has 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.

¶6Let the applicant, Shyam Sundar Kashyap 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.

¶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 :- 27.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench