Ramjan @ Chand Babu v. State of U.P. Thru. Prin. Secy. U.P. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13012 of 2023 Applicant :- Ramjan @ Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. Counsel for Applicant :- Deo Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Counter affidavit filed by the State and supplementary affidavit filed on behalf of the applicant are taken on record.

¶2Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved on behalf of the applicant/Ramjan @ Chand Babu for grant of bail, in Case Crime No.285 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Talgaon, District Sitapur, during pendency of trial.

¶4Learned 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 single case mentioned in the gang chart and he has not committed any offence as claimed by the prosecution.

¶5It is further submitted that in the single case mentioned in the gang chart, the applicant has been released on bail by a Coordinate Bench of this Court, a copy of which has been placed as Annexure No.3 to this bail application and apart from single case mentioned in the gang chart, the complicity of the applicant is also shown with regard to another criminal case, however, in that case also, he has been granted bail by trial court. A copy of bail order has also been placed on record as Annexure No.S.A.-1 of the supplementary affidavit filed today and apart from the above mentioned cases, the applicant is not involved in any other criminal case.

¶6It is also submitted that the applicant is in jail in this matter since 03.10.2023 and only on the basis of single criminal case, the provisions of Gangster Act has been invoked against the applicant and the material which has been made the basis of lodging the first information report in this case is not sufficient enough to raise a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to him.

¶7Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act has been invoked against the applicant on the basis of single case mentioned in the gang chart, however, in the case mentioned in the gang chart he has been released on bail by a Coordinate Bench of this Court and apart from the above mentioned case, the complicity of the applicant is stated to be shown in another criminal case, wherein also he has been granted bail by trial court and apart from the above mentioned cases, the applicant is not involved in any other criminal case. The applicant is in jail in this case since 03.10.2023. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. The presence of the applicant could be secured before the trial court by placing adequate conditions/restrictions.

¶9Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

¶10Let the applicant/Ramjan @ Chand Babu involved in the aforesaid 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.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶13Observations 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 of this Court on the merits of the case. Order Date :- 8.11.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench