Kumar Bhaskar Ojha @ Bhaskar Ojha v. State of U.P. Thru. Prin.Secy.Deptt. of Home

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15440 of 2023 Applicant :- Kumar Bhaskar Ojha @ Bhaskar Ojha Opposite Party :- State Of U.P. Thru. Prin.Secy.Deptt. Of Home Counsel for Applicant :- Ram Singh,Ashok Kumar Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Ram Singh, learned counsel for the applicant, Shri Lalluji Maurya, learned AGA for the State and perused the record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.404 of 2023, under Section 2/3 U.P. Gangster (Prevention of Anti social Activities) Act, 1986, Police Station Sushant Golf City, District Lucknow.

¶3It is contended by learned counsel for the applicant that the applicant has been implicated in Gangster Act on the basis of single case. He further submitted that in the said case, the applicant is on bail, which has been explained in para no.5 of bail application. The bail order is annexed as Annexure 3. The applicant has no other criminal history.

¶4Lastly, 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 25.04.2023.

¶5Learned AGA opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicant that on the basis of single case gangster act has been imposed and applicant has been released on bail.

¶6Considering 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 in single case shown in the gang chart, the applicant has been released on bail therefore, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

¶7Let the applicant, Kumar Bhaskar Ojha @ Bhaskar Ojha 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 sufÏcient 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 sufÏcient 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.

¶8It 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 :- 22.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench