Hariram @ Charan Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14036 of 2023 Applicant :- Hariram @ Charan Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Iqbal Ahmad 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..

¶2Heard Shri Iqbal Ahmad, 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-Hariram @ Charan Yadav for grant of bail, in case Crime No. 198/2023, under Section 3(1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Pachpedwa, District Balrampur, 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 three cases mentioned in the gang chart, however, in these cases mentioned in the gang chart he has been granted facility of bail by the trial courts and copies of bail orders pertaining to these cases are placed at page no. 35, 37 and 39 of the paper book.

¶5It is further submitted that apart from three cases, criminal history of two cases bearing Case Crime Nos. 45 of 2019 and 432 of 2017 have also been levelled against the applicant, however, the applicant has secured bail in these cases also and have made attempt to procure bail orders with regard to these 2 cases and a folio was presented in the trial court for obtaining the copy of the bail orders, however, the said folio has been rejected on frivolous ground i.e. order date of bail order and the name of the accused has not been mentioned, which is prima facie absurd as the name of the applicant, namely, Hariram was specifically written in the folio and the case Crime No. was also mentioned.

¶6It is vehemently submitted that a criminal case is always identified by a Crime Number allotted to it, while the case number changes with the transfer of the case to different Courts. The applicant is in jail in this case since 20.09.2023 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. Identically placed co-accused persons, namely, Ompal, Balaji, Jagram, Shiv Poojan @ Kokkan and Raj Kumar @ Annu have been granted bail by a Coordinate Bench of this Court, vide orders dated 7.8.2023, 19.09.2023, 8.11.2023 and

9.11.2023 passed in Crl. Misc. Bail Application Nos. 9597 of 2023, 11245 of 2023, 13340 of 2023 and 12938 of 2023, respectively.

¶7Learned 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.

¶8Having 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 three criminal cases mentioned in the gang chart and in these cases he has been granted bail by the trial courts. Apart from three cases, criminal history of more two cases bearing Case Crime Nos. 45 of 2019 and 432 of 2017 have also been levelled against the applicant, however, the applicant has secured bail in these cases also. Identically placed co-accused persons, namely, Ompal, Balaji, Jagram, Shiv Poojan @ Kokkan and Raj Kumar @ Annu have been granted bail by a Coordinate Bench of this CourtThe applicant is in jail in this case since

20.09.2023. His presence may be secured before the trial court by placing adequate conditions.

¶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 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.

¶10Let applicant-Hariram @ Charan Yadav 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.

¶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 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 :- 11.12.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench