Shiv Poojan @ Kokkan v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13340 of 2023 Applicant :- Shiv Poojan @ Kokkan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Iqbal Ahmad,Mohd. Kumail Haider Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Iqbal Ahmad, learned counsel for the applicant, Shri Shani Pratap 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.198 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Pachpedwa, District Balrampur.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case on the basis of two cases. The applicant is not a member of any criminal gang. As per the gang chart, two cases have been shown against the applicant and no other criminal case prior to that is pending. The applicant has been enlarged on bail in the aforesaid cases by the court below and order has been annexed as Annexure 5 to the afÏdavit filed in support of bail application.

¶4Learned counsel submitted that two other co-accused persons namely Ompal and Jagram having identical role have been granted bail by this Court in Criminal Misc. Bail Application Nos.9567 of 2023 and 11053 of 2023 vide orders dated 07.08.2023 and 18.09.2023 respectively as such the applicant is also liable to be released on bail on the ground of parity. 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

10.10.2023.

¶5On 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 the other co-accused Ompal and Jagram having similar role have been granted bail and no other case is pending against the applicant.

¶6Considering 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 argument that the other co-accused Ompal and Jagram having similar role have been granted bail by this Court; argument that two cases have been shown in gang chart and in both the cases, the applicant has been granted bail; argument that no other case is pending against the applicant therefore, 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.

¶7Let the applicant, namely, Shiv Poojan @ Kokkan 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.

¶8It 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 Pks High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench