Mobin v. State of U.P. Thru. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13084 of 2023 Applicant :- Mobin Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Dharmendra Gupta, Advocate holding brief of Shri Narendra Gupta, learned counsel for the applicant, Shri Avishesh Singh, learned AGA for the State and perused the record.

¶2This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail, in Case Crime No.386 of 2019, under Section 2 (b) (XVII)/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Tambaur, District Sitapur.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case on the basis of two cases shown in the gang chart and the applicant has been enlarged on bail in both the cases by the court below. The bail orders are (Annexures 3 and 4) to the afÏdavit filed in support of bail application. It is further contended that criminal history of the applicant in which the applicant is bailed out has been explained in para 2 of the supplementary afÏdavit filed today, which is taken on record. The bail order is annexed as Annexure 5.

¶4Learned counsel further contended that the other co-accused namely Noor Alam, Addan @ Safi Ahmad, and Fakrey Alam having similar role have been granted bail by different coordinate Benches of this Court in Criminal Misc. Bail Application Nos.12702 of 2023; 12563 of 2019; 12422 of 2019 vide orders dated 30.10.2023; 20.12.2019 and

19.12.2019 therefore, the applicant is also entitled to be released on bail on the ground of parity.

¶5Lastly, it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. The applicant is in jail since 20.08.2023.

¶6On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts as stated by learned counsel for the applicant that there are only two cases shown against the applicant and other co-accused having similar role as that of applicant have been granted bail.

¶7Considering 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 there are only two cases shown against him in the gang chart and other co-accused persons have been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act is properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶8Let the applicant, namely, Mobin 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 :- 6.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench