Arjun Kumar Rawat v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13524 of 2023 Applicant :- Arjun Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Zeeshan Alvi,Arshad Jameel,Zeeshan Alvi 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. Thus, it appears that on the basis of material placed on record, the bail plea of the applicant may be adjudicated.

¶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/Arjun Kumar Rawat for grant of bail in Case Crime No.0226 of 2020, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Vikas Nagar, District Lucknow, 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 the coordinate Bench of this Court vide order dated 12.10.2023 passed in Criminal Misc. Bail Application No.2007 of 2022, a copy of which has been placed as Annexure No.3 to the bail application and except single case mentioned in the gang chart, the applicant is not involved in any other criminal case.

¶6It is also submitted that the applicant is in jail in this matter since 14.09.2020 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. It is further submitted that the identically placed co-accused, Santosh Kumar alias Babloo has been enlarged on bail by this Court vide order dated 21.09.2023 passed in Criminal Misc. Bail Application No.11339 of 2023.

¶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 have 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 the coordinate Bench of this Court and except the single case mentioned in the gang-chart wherein he has been granted bail by the coordinate Bench, the applicant is not involved in any other criminal case. Identically placed co-accused, Santosh Kumar alias Babloo has been enlarged on bail by this Court. The applicant is in jail in this case since 14.09.2020. Nothing has been brought on record, which may suggest that the facility of bail granted by the coordinate Bench 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/Arjun Kumar Rawat, 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. . [Mohd. Faiz Alam Khan,J.] Order Date :- 9.11.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench