Shoaib v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10385 of 2023 Applicant :- Shoaib Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Surendra Kumar Yadav,Bhanu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Surendra Kumar Yadav, learned counsel for the applicant, Shri G.D. Bhatt, 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.361 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Fatehpur, District Barabanki.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, four cases have been shown against the applicant in gang chart and in all the cases, the applicant has been enlarged on bail by the court below. The bail orders are Annexures 3 to 6 to the afÏdavit filed in support of the bail application. It is further contended that the criminal history of two more cases imposed upon the applicant has been explained in para 11 of the afÏdavit and in both the cases, the applicant has been enlarged on bail which is Annexures 7 and 8 to the afÏdavit. 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

01.07.2023.

¶4On 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 in all the afore-mentioned cases, the applicant have been granted bail.

¶5Considering 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 fact that four cases have been shown against the applicant in the gang chart and in all the four cases, the applicant has been enlarged on bail therefore, this Court finds that condition 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.

¶6Let the applicant, namely, Shoaib 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.

¶7It 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 :- 16.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench