Arvind Soni v. The State of U.P. Thru. Prin.Secy. Home

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13511 of 2023 Applicant :- Arvind Soni Opposite Party :- The State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Anshu Singh,Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶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 accused-applicant/Arvind Soni for grant of bail in Case Crime No.0324 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Safdarganj, District Barabanki, 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 two cases mentioned in the gang chart. However, in these cases mentioned in the gang chart, he has been released on bail and the bail orders with regard to these two cases have been placed as Annexure Nos 3 and 4 to the bail application.

¶5He further submits that apart from above two cases, the complicity of the applicant is also shown with regard to other two criminal cases, however, in these two cases also, he has been granted bail by trial courts. Copies of these bail orders have also been placed on pages from 28 to 31 of the paper book 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 19.10.2023 and having regard to the fact that only on the basis of two criminal case(s), 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 two cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart, he has been released on bail by trial courts and apart from the above mentioned two cases, the complicity of the applicant is shown in other two criminal cases, wherein also he has been granted bail by trial courts 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 19.10.2023. 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.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶10Let the accused-applicant/Arvind Soni involved in aforesaid case be released on bail on 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. . [Mohd. Faiz Alam Khan,J.] Order Date :- 9.11.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench