Nikhil Mishra v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12802 of 2023 Applicant :- Nikhil Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nisha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Ms. Nisha Srivastava, learned counsel for the applicant as well as Shri Asif Khan, learned A.G.A for the State and perused the record.

¶2The present bail application has been filed on behalf of the applicant Nikhil Mishra in Case Crime No. 0290 of 2023, under Sections 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Dariyabad, District-Barabanki, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant has submitted that on the basis of single case in the gang chart (as also mentioned in para-9 of the bail application), the applicant has been implicated in the present case. He further submitted that as per gang chart, only one case has been shown against the applicant and he is on bail in the said case (bail order is annexed as Annexure No. 3 to the bail application).

¶4Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in this case. Except for the aforesaid case, the applicant has no previous criminal history and he is languishing in jail since 11.08.2023. He further submitted that applicant, in case of his being enlarged on bail, will not involve in any illegal activities in future and will not misuse the liberty of bail.

¶5Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that the applicant is on bail in the case mentioned in the gang chart.

¶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, the period of incarceration, the argument that the applicant has been granted bail in the case shown against him in the gang chart, this Court finds that conditions 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.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant, namely, Nikhil Mishra 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.

¶9It 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 :- 31.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench