Ashish Chauhan v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13635 of 2023 Applicant :- Ashish Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jai Prakash Shukla,Ajay Kumar Singh,Upendra Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri M.V.S. Chauhan, 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.01 of 2023 under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Hazratganj, district Lucknow.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case on the basis of 7 cases pertaining to the same police station have been shown in the gang chart and the applicant has been enlarged on bail in the said cases by the court below. The bail orders are (Annexures 3 to the affidavit filed in support of bail application. He has further submitted that co-accused gang leader Awnish Kumar Tiwari has been granted bail by this Court in Crl. Misc. Bail Application No.6406 of 2023 on 16.5.2023, and co-accused gang members Pawan Sharma, Akhilesh Kumar Singh, Bhupendra Singh have been granted bail, copies of bail orders have been annexed collectively as Annexure No.4 to the bail application. He has satisfactorily explained the criminal history of the applicant in para 13 of the bail application.

¶5Lastly, 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 21.8.2023.

¶6On 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 the applicant has been granted bail in the cases shown in the gang chart and other co-accused having similar role as that of applicant has been granted bail.

¶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 and the cases shown against the applicant in the gang chart and other co-accused has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act is properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶8Let the applicant, namely, Ashish Chauhan 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 sufficient 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 sufficient 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.

¶9It 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 :- 18.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench