Vishal Yadav @ Dharam Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13166 of 2023 Applicant :- Vishal Yadav @ Dharam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satyendra Tiwari,Ashish Raman Mishra Counsel for Opposite Party :- G.A.,Rajesh Kumar Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavits filed by the applicant are taken on record.

¶2Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶3Heard learned counsel for the accused-applicant, learned A.G.A. for the State as well as Shri Rajesh Kumar, learned counsel for the victim of one of the case mentioned in the gang chart and perused the record.

¶4This bail application has been moved on behalf of the accused/applicant-Vishal Yadav @ Dharam Singh for grant of bail, in Case Crime No. 286 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Indira Nagar, District Lucknow, during pendency of trial.

¶5Learned 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 five cases mentioned in the gang chart. However, in four cases mentioned in the gang chart, he has been released on bail and the bail orders with regard to these four cases have been placed as Annexure Nos. 3 to 6 to this bail application and in one case pertaining to Case Crime No. 02 of 2022, under Section 3(1) of the U.P. Control of Goonda Act, he is regularly appearing before the court concerned.

¶5He further submits that apart from the above-mentioned cases, the complicity of the applicant is also shown with regard to one other case bearing Case Crime No. 75 of 2022, PS-Indira Nagar, Lucknow, however Final Report/closure report has been submitted therein and copy of Final Report has been placed as S.S.A-1 to the supplementary affidavit filed today and 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 6.9.2023. The provisions of Gangster Act has been invoked against the applicant on the basis of cases wherein the applicant has already been granted bail by competent courts and also appearing before such courts and thus 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. as well as Shri Rajesh Kumar, learned counsel for the victim of one of the case mentioned in the gang chart opposes the prayer for bail of the applicant and submits that the applicant is a habitual offender and is earning his livelihood from committing such type of offences, therefore, he is not entitled to be released on bail, keeping in view the conditions and provisions contained under Section 19(4) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

¶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 five cases mentioned in the gang chart, however, in four of such cases mentioned in the gang chart he has been released on bail by the competent criminal courts and in remaining one case pertaining to U.P. Control of Goonda Act, he is stated to be appearing before the court concerned. One more case has been alleged against the applicant with regard to Case Crime No. 75 of 2020 in which a final/closure report has been submitted by the investigating officer 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 6.9.2023. 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. Thus the satisfaction, as required under Section 19(4) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, stands satisfied.

¶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-Vishal Yadav @ Dharam Singh 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 :- 22.12.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench