Manna Alias Eklak v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lucknow

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12804 of 2023 Applicant :- Manna Alias Eklak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lucknow Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶3Heard Shri Ajey Singh, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved by the accused/applicant- Manna Alias Eklak for grant of bail, in case Crime No. 0042/2023, under Section 3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Dargah Sharif, District Bahraich, during trial.

¶5Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the one case mentioned in the gang chart, however, in the case mentioned in the gang chart he has been granted facility of bail by the Court of Special Judge N.D.P.S. Act, Bahraich, vide order dated

13.12.2022 passed in Bail Application No. 2756/ 12A of 2022 and a copy of the bail order pertaining to the case mentioned in the gang chart is placed at page no. 39 of the paper book.

¶6It is further submitted that apart from the above mentioned single case the applicant is also shown involved in other 14 criminal cases, out of which in 11 cases, the applicant has been granted the facility of bail and in other 3 cases, he has been acquitted by the trial court and the copies of the bail orders and orders of acquittal are hereby placed on record with the bail application as Annexure nos. 5,6,7,8,9,10,11,12,13 and with Supplementary Affidavit dated 26.10.2023 as SA-01and Supplementary Affidavit dated 31.10.2023 as SA-01.

¶7It is further submitted that the applicant is in jail in this case since 01.08.2023 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Otherwise also the allegations levelled in the First Information Report of the instant case are not sufficient enough to attract a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶8Learned A.G.A. on the other hand submits that the applicant is accused of committing heinous offence and therefore, he is not entitled to be released on bail.

¶9Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicant has been involved in this case on the basis of single criminal case mentioned in the gang chart and in the single case mentioned in the gang chart he has been granted bail by the trial court. Apart from the single case mentioned in the gang chart the applicant is also shown involved in other 14 criminal cases and out of which in 11 cases also the applicant has been granted bail by the competent criminal courts and in other three cases he has been acquitted by the trial court. The applicant is in jail in this case since 01.08.2023. His presence may be secured before the trial court by placing adequate conditions.

¶10Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶11Let applicant-Manna Alias Eklak involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 31.10.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench