Abhishek Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12382 of 2023 Applicant :- Abhishek Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Ajeet Singh, Advocate holding brief of Shri Ramakar Shukla, learned counsel for the applicant, Shri Ranvijay Singh, 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.323 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kadipur, District Sultanpur.

¶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, in single arrest, five cases have been shown against the applicant in gang chart, which has been explained in para 7 of the afÏdavit accompanying bail application. It is contended that in all the five cases, the applicant has been enlarged on bail by the court below. The bail orders are Annexures 3 to 7 to the afÏdavit filed in support of bail application. It is further contended that there is no other criminal history except the aforesaid case. 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 five cases, the applicant has been granted bail and no other case is pending.

¶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; argument that five cases have been shown against the applicant in the gang chart and in all the five cases, the applicant has been enlarged on bail; argument that except these five cases, there is no other case pending against the applicant, 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, Abhishek Tiwari 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 :- 17.11.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench