Surendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12963 of 2023 Applicant :- Surendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- S Malik E Ashtar Rizvi Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit dated 02.11.2023 filed today by learned counsel for the applicant is taken on record.

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

¶3Heard 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 on behalf of the applicant/Surendra Kumar for grant of bail, in Case Crime No. 0972 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station Kotwali Nagar, District Barabanki, during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the eight criminal cases mentioned in the gang chart. However, in all these eight criminal cases mentioned in the gang chart, he has been released on bail by competent criminal courts and copies of the bail orders with regard to these eight criminal cases have been placed at Annexure Nos. 3 to 10 to the bail application.

¶6It is further submitted that apart from the above mentioned eight criminal cases on the basis of which the provisions of Gangster act has been invoked against the applicant, his complicity has been shown in three other criminal cases. However, in two of such cases he has been granted bail by competent criminal Courts and in the third case, which is pertaining to the Electricity Act, the matter has been compounded and he has deposited the requisite compensatory amount in the account of the Electricity Department.

¶7It is also submitted that the applicant is in jail in this matter since 27.05.2023 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

¶8Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶9Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in eight criminal cases mentioned in the gang chart. However, in these eight cases the applicant has been released on bail by competent criminal Courts. Apart from the above-mentioned eight criminal cases, applicant is also involved in three other criminal cases, however, the same has been adequately explained in the supplementary affidavit filed today. Apart from the above-mentioned criminal cases, applicant is not involved in any other criminal case. Applicant is in jail in this matter since 27.05.2023 and the presence of the applicant 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 of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶11Let the applicant/Surendra Kumar involved in above-mentioned case, be released on bail on his 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 by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 7.11.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench