Awanish Pandey v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14602 of 2023 Applicant :- Awanish Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Virendra Kumar Arya Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Hari Shanker Maurya, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.525 of 2022 under section 3(1) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali City, District Barabanki.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, five cases have been shown against the applicant in which the applicant has been enlarged on bail, a copies of the bail orders have been annexed as Annexure no.3 collectively to the affidavit filed in support of the bail application. He has also submitted that the applicant has criminal history of five cases except the case shown in the gang chart in which he has already been granted bail. He has explained the criminal history of the applicant in paras-7 and 8 of the affidavit filed in support of the bail application. It has been submitted by learned counsel for the applicant that the co-accused Antim Shukla, Siddhhrath Garg @ Siddharth Nath Garg, Radhia Krishna Verma and Sanjay Singh Singhla have already been granted bail by coordinate Bench this Court vide orders dated 17.10.2023, 12.09.2023, 26.07.2022 and

19.09.2022 passed in Criminal Misc. Bail Application Nos. 10340 of 2023, 9879 of 2023, 8244 of 2022 and 10661 of 2022 respectively. Lastly, 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

04.08.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the co-accused Antim Shukla, Siddhhrath Garg @ Siddharth Nath Garg, Radhia Krishna Verma and Sanjay Singh Singhla have been granted bail by this Court.

¶5Considering the submissions of learned counsel for the parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, the argument that in the five cases shown in the gang chart in which the applicant has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with as well as the fact that co-accused Antim Shukla, Siddhhrath Garg @ Siddharth Nath Garg, Radhia Krishna Verma and Sanjay Singh Singhla has already been granted bail by this Court, therefore, he is entitled to be released on bail.

¶6Let the applicant, namely, Awanish Pandey, 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. It 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 :- 12.12.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench