Mazhar v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12801 of 2023 Applicant :- Mazhar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lucknow Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Dinesh Kr. Chaudhary, learned counsel for the applicant as well as Shri Avishesh Kumar Singh, learned A.G.A for the State and perused the record.

¶2The present bail application has been filed seeking release of applicant Mazhar on bail in Case Crime No. 293 of 2023, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali Dehat, District-Balrampur.

¶3Learned counsel for the applicant has submitted that on the basis of three cases mentioned in gang chart (as also mentioned in para-6 of the bail application), the applicant has been implicated in the present case. He further submitted that the applicant is on bail in the said cases mentioned in the gang chart (bail order is annexed as Annexure No. 3, 4 & 5 to the bail application). He further submitted that except for the aforesaid cases, the applicant has no previous criminal history to his credit and he is languishing in jail since 25.08.2023.

¶4Learned counsel for the applicant submitted that the co-accused namely Irsadul Haque @ Arshad has been granted bail in Criminal Misc. Bail Application No. 12292 of 2023 vide order dated 16.10.2023. He further submitted that the applicant, in case of being enlarged on bail, will not involve in any illegal activities in the 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 all the three cases mentioned in the gang chart and the co-accused Irsadul Haque @ Arshad has already 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, considering the period of incarceration, the fact that the applicant has been granted bail in the cases mentioned in the gang chart and the co-accused Irsadul Haque @ Arshad has been granted bail, 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, Mazhar 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