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

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12962 of 2023 Applicant :- Sandeep Kumar Raidas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

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

¶2Heard Sri Farooq Ayoob, learned counsel for the applicant and Sri G.D. Bhutt, learned A.G.A. for the State.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 0838 of 2023 under section 3 (1) U. P. Gangster and Anti Social Activity Prevention Act, 1986 Police Station Kotwali Nagar, District Barabanki

¶4Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, three cases have been shown against the applicant in which the applicant has been enlarged on bail , a copies of which have been annexed collectively as Annexure no. 3 to the affidavit filed in support of the bail application.

¶5Learned counsel for the applicant has further explained the criminal history of four cases except the case shown in the gang chart, one case has been explained in para 8 of the affidavit in support of bail application and criminal history of three cases have been explained in para-3 of the supplementary affidavit. Lastly, 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

13.10.2023.

¶6Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.

¶7Considering the submissions of learned counsel for the parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument of incarceration period in jail since

13.10.2023, the argument that three cases shown in the gang chart and four other cases shown except the gang chart in which the applicant has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, therefore, he is entitled to be released on bail.

¶8Let the applicant, namely, Sandeep Kumar Raidas, 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 sufficient 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 sufficient 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. It 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 :- 8.11.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench