Altaf v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13491 of 2023 Applicant :- Altaf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Abhinav Singh, Advocate holding brief of Shri Ramakar Shukla, learned counsel for the applicant as well as Shri Avadhesh Narayan Tripathi, learned A.G.A for the State and perused the record.

¶2The present bail application has been filed on behalf of the applicant Altaf in Case Crime No. 1333 of 2019, under Sections 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station-Kotwali Nagar, District-Sultanpur, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant has submitted that on the basis of single case in the gang chart (as mentioned in para-7 of the bail application), the applicant has been implicated in the present case. He further submitted that as per gang chart, only one case has been shown against the applicant and he is on bail in the said case (bail order is annexed as Annexure No. 4 to the bail application). Except for the aforesaid case, the applicant has previous criminal history of one case which has been explained by him in paragraph-2 of the supplementary afÏdavit and he is languishing in jail since 22.09.2023.

¶4Learned counsel for the applicant submitted that the co-accused namely Maksoodan, Yasmeen, Yaqub @ Yaqub Mohammad, Juber, Mohd. Saeed, Feroza and Mobin have been granted bail in Bail No. 394 of 2020 vide order dated

14.01.2020, Bail No. 418 of 2020 vide order dated

14.01.2020, Bail No. 421 of 2020 vide order dated

14.01.2020 and Bail No. 483 of 2020 vide order dated

17.01.2020 respectively and the case of the applicant is at par with the case of the co-accused and is covered with the factum of parity, as such the applicant is also entitled to be enlarged on bail. He further submitted that the applicant, in case of being enlarged on bail, will not involve in any illegal activities in the future and will not misuse the liberty of bail.

¶5Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that the applicant is on bail in the case mentioned in the gang chart and the co-accused Maksoodan, Yasmeen, Yaqub @ Yaqub Mohammad, Juber, Mohd. Saeed, Feroza and Mobin have already been granted bail.

¶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, considering the period of incarceration, the fact that the applicant has been granted bail in the the case mentioned in the gang chart, the argument that co-accused Maksoodan, Yasmeen, Yaqub @ Yaqub Mohammad, Juber, Mohd. Saeed, Feroza and Mobin have already been granted bail, this Court finds that conditions of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant, namely, Altaf 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 :- 9.11.2023 DiVYa/Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench