Vijay Kashyap v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13965 of 2023 Applicant :- Vijay Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dheeraj Awasthi,Krishna Kant Yadav 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/Vijay Kashyap for grant of bail, in Case Crime No.241 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Makhi, District Unnao 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 four cases mentioned in the gang chart. However, in all these cases mentioned in the gang chart, he has been released on bail by the trial court and the bail orders with regard to these four cases have been placed as Annexure No.3 to this bail application.

¶5He further submits that apart from these four cases, the complicity of the applicant is also shown with regard to other two criminal case(s), however, in one of such cases, bearing Case Crime No.99 of 2023, the applicant has been given benefit of Section 41-A Cr.P.C. and charge sheet has not been filed and still no process of the court has been received by the applicant and with regard to second case bearing Case Crime No.349 of 2023, under Section 366 I.P.C. though the applicant was named, but no effort has been made by the police to arrest him as no clinching material has been found against the applicant, however, the applicant is not an absconder in that case 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 21.10.2023 and having regard to the fact that only on the basis of four 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 on the ground that the applicant has committed heinous offence, therefore, he is not entitled to be released on bail. It is further submitted that apart from the cases mentioned in the gang chart, no criminal history of the applicant has been placed by the concerned police station in written instructions provided to him.

¶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 four cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart he has been released on bail by trial court and apart from these four cases, the complicity of the applicant is also shown with regard to other two criminal case(s), however, in one of such cases, bearing Case Crime No.99 of 2023, the applicant has been given benefit of Section 41-A Cr.P.C. and charge sheet has not been filed and still no process of the court has been received by the applicant and with regard to second case bearing Case Crime No.349 of 2023, under Section 366 I.P.C. though the applicant was named, but no effort has been made by the police to arrest him as no clinching material has been found against the applicant, however, the applicant is not an absconder in that case 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 21.10.2023. 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/Vijay Kashyap 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. Order Date :- 28.11.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench