Pankaj Mishra @ Shiv Sagar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13483 of 2023 Applicant :- Pankaj Mishra @ Shiv Sagar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Arun Kumar Tripathi, learned counsel for the applicant as well as Shri Awadhesh Narain Tripathi, learned A.G.A for the State and perused the record.

¶2This is the second bail application. The first bail application was rejected for want of prosecution, by Hon'ble D.K Singh, J, vide order dated 03.02.2021.

¶3The present bail application has been filed seeking release of applicant Pankaj Mishra @ Shiv Sagar on bail in Case Crime No. 246 of 2019, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Baghrai, District-Pratapgarh.

¶4Learned counsel for the applicant has submitted that on the basis of two cases mentioned in gang chart (as also mentioned in para-6 of the bail application), the applicant has been implicated in the present case. He further submitted that the applicant is on bail in the said cases mentioned in the gang chart (bail orders are annexed collectively as Annexure No. 3 to the bail application). He further submitted that except for the aforesaid cases, the applicant has criminal history of 8 cases, which has been satisfactorily explained by him in paragraph-7 of the bail application.

¶5Learned counsel for the applicant submitted that the applicant is languishing in jail since 26.09.2018. He further submitted that applicant, in case of being released on bail, will not involve in any illegal activities in the future and he will not misuse the liberty of bail.

¶6Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that the applicant is on bail in the both the three cases mentioned in the gang chart.

¶7Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument that applicant has been languishing in jail for the last five years and the criminal history of the applicant has been satisfactorily explained, the argument that the applicant has been granted bail in the cases mentioned in the gang chart, 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.

¶8Accordingly, the bail application is allowed.

¶9Let the applicant, namely, Pankaj Mishra @ Shiv Sagar 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.

¶10It 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 High Court of Judicature at Allahabad, Lucknow Bench