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

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14167 of 2023 Applicant :- Jitendra Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ajay Rajput,Abhishek Singh,Shailesh Kumar Srivastava,Shanker Lal Verma,Vijay Rajput Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶3Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the applicant/Jitendra Rawat for grant of bail, in Case Crime No.85 of 2022, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sushant Golf City, District Lucknow, during pendency of trial.

¶5Learned 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.

¶6It is further submitted that in the single case mentioned in the gang chart, the applicant has been released on bail by a Coordinate Bench of this Court, a copy of which has been placed as Annexure No.SA1 to the supplementary affidavit dated 06.12.2023 and apart from single case mentioned in the gang chart, the complicity of the applicant is also shown with regard to another criminal case, however, in that case also, he has been acquitted by trial court vide order dated 09.09.2022 passed in Criminal Case No.58525 of 2021 and apart from the above mentioned case, the applicant is not involved in any other criminal case.

¶7It is also submitted that the applicant is in jail in this matter since 14.06.2021 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.

¶8Learned 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.

¶9Having 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 single case mentioned in the gang chart, however, in the case mentioned in the gang chart the applicant has been released on bail by a Coordinate Bench of this Court, a copy of which has been placed as Annexure No.SA1 to the supplementary affidavit dated 06.12.2023 and apart from single case mentioned in the gang chart, the complicity of the applicant is also shown with regard to another criminal case, however, in that case also, he has been acquitted bail by trial court vide order dated

09.09.2022 passed in Criminal Case No.58525 of 2021 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 14.06.2021. 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.

¶10Having 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.

¶11Let the applicant/Jitendra 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.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14Observations 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 :- 6.12.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench