Vishnu Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12964 of 2023 Applicant :- Vishnu Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicants, Sri Vinod Kumar Yadav, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicants for bail in Case Crime No.353 of 2023 under Section 3 (1) of U.P. Gangster and Anti-Social Activities Prevention Act, 1986, PS Kothi, district Barabanki.

¶3Learned counsel for the applicants has submitted that on the basis of single case mentioned in para-5 of the bail application, gang chart has been prepared against the applicants and Gangsters Act has been imposed. He has submitted that in the said case, the applicants have been granted bail copy of which has been annexed as Annexure No.3 to the bail application. He has submitted that there is no criminal case against the applicants except the case shown in the gang chart. He has further submitted that the applicants shall not abscond and will fully cooperate in the proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner. He has further submitted that the applicants have no other criminal history except the case shown in the gang chart and they are in jail since 9.10.2023.

¶4Learned A.G.A. though opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants are on bail in the cases shown against them in the gang chart and there is no other case against the applicants.

¶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 that applicants are on bail in the case shown against them in the gang chart, this Court finds that condition of Section 19 (4) of the Gangsters Act are properly complied with, the applicants are not guilty of such offence, therefore, they are entitled to be released on bail.

¶6Let the applicants, Vishnu Singh and Adarsh Singh be released on bail in the above case crime number ontheir furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants 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 applicants 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 them 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 :- 2.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench