Ganga Ram v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15234 of 2023 Applicant :- Ganga Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶2Heard 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 on behalf of the accused/applicant-Ganga Ram for grant of bail, in Case Crime No. 138 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Katra Bazar, District Gonda, during pendency of trial.

¶4Learned 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. However, in that case mentioned in the gang chart, he has been released on bail and the bail order with regard to this case has been placed as Annexure No. 3 to this bail application.

¶5He further submits that apart from the above-mentioned case, the criminal history of one case bearing Case Crime No. 262 of 2020 registered at PS-Katra Bazar, Gonda is also shown by the State. However, that case is not in the knowledge of the applicant and no process etc. has been received by the applicant in that case nor he was arrested by the police in that case and it is undertaken that within 30 days from release of the applicant from prison in this case, he shall file an affidavit before the trial court explaining that case bearing Case Crime No. 262 of 2020 as shown by the State. Apart from the above mentioned cases, the applicant is not involved in any other criminal case.

¶6It is also submitted that the applicant is in jail in this matter since 20.3.2023 and having regard to the fact that only on the basis of above-mentioned criminal case(s), 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.

¶7Learned 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.

¶8Having 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 this case mentioned in the gang chart he has been released on bail by competent criminal court and apart from the above mentioned case(s), the criminal history of one case bearing Case Crime No. 262 of 2020 registered at PS-Katra Bazar, Gonda is also shown by the State. However, that case is not stated to be in the knowledge of the applicant and no process etc. has been received by the applicant in that case nor he was arrested by the police in that case 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 20.3.2023. 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.

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

¶10Let the accused/applicant-Ganga Ram involved in 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 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 :- 21.12.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench