Bacchraj and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14661 of 2023 Applicant :- Bacchraj And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Rajeev Kumar Mishra Rudra, learned counsel for the applicants, Shri Vinod Kumar Yadav learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.373 of 2023, under Section 3(1) of U.P. Gangster (Prevention of Anti social Activities) Act, 1986, Police Station Malhipur, District Shravasti.

¶3It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in Gangster Act on the basis of single case and in the said case, the applicants have been enlarged on bail. The bail order is Annexure 2 to the bail application. The applicants have no other criminal history. The applicants are in jail since 04.11.2023. Lastly, it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.

¶4Learned AGA opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicants.

¶5Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and the fact that on the basis of single case, the applicants were falsely implicated and they have been enlarged on bail, therefore, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicants are not guilty of such offence and are entitled to be released on bail.

¶6Let the applicants, Bacchraj and Lalau @ Ram Naresh be released on bail in the above case crime number on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants 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 applicants is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

¶7It 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 :- 13.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench