Harish Chandra Tiwari v. State of U.P Thru. Prin, Secy. Home Deptt. Civil Secrt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14430 of 2023 Applicant :- Harish Chandra Tiwari Opposite Party :- State Of U.P Thru. Prin, Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶2Heard Shri Vinod Kumar Gupta, 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 by the accused/applicant-Harish Chandra Tewari for grant of bail, in case Crime No. 161 of 2023, under Section 3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Kumarganj, District Ayodhya, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the six cases mentioned in the gang chart, however, in the cases mentioned in the gang chart he has been granted the facility of bail by the trial courts and copies of bail orders pertaining to these six cases are placed on record on Page Nos. 37,39, 41, 43, 45 and 47 (Annexure No. 3), to the bail application. Apart from the above mentioned six cases the applicant is not involved in any other criminal cases.

¶5It is further submitted that identically placed co-accused person, namely, Sant Kumar singh has been granted bail by this Court, vide order dated 31.10.2023 passed in Crl. Misc. Bail Application No. 12747 of 2023. The applicant is in jail in this case since 05.09.2023 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Otherwise also the allegations levelled in the First Information Report of the instant case are not sufficient enough to attract a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶6Learned A.G.A. on the other hand submits that the applicant is accused of committing heinous offence and therefore, he is not entitled to be released on bail.

¶7Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicant has been involved in this case on the basis of six criminal cases mentioned in the gang chart and in these cases he has been granted bail by the trial courts. Apart from these six cases, the applicant is not involved in any other criminal cases. Identically placed co-accused person, namely, Sant Kumar singh has been granted bail by this Court. The applicant is in jail in this case since 05.09.2023. His presence may be secured before the trial court by placing adequate conditions.

¶8Keeping 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 and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶9Let applicant-Harish Chandra Tewari involved in the 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 7.12.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench