Neutral Citation No. - 2024:AHC-LKO:41552
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6137 of 2024
Applicant :- Chinta
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Sumit Chauhan,Vishnu Narayan Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned
A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the
applicant in Case Crime No. 0123 of 2024, under Sections 2(b)
(ii)/3 U.P. Gangster and Anti Social Activities (Prevention) Act,
1986, Police Station Fardhan, District Lakhimpur Kheri, with
the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the
applicant is an innocent person and he has falsely been
implicated in the case. It is further submitted on behalf of the
applicant that only one case has been shown in the gang chart
against the applicant and in the aforesaid case, the applicant is
on bail. It is also submitted that co accused namely Ramvilash
alias Manoj has already been enlarged on bail by this Court vide
order dated 25.05.2024 passed in Criminal Misc. Bail
Application Nos. 5727 of 2024.
He further stated that in F.I.R., in issue, the allegations with
regard to disturbing the public order as also regarding gaining
undue temporal, pecuniary, material or other advantage of like
nature against the applicant are vague. Further, stated that in
absence of allegation concerning an act or omission on the part
of an accused, covered by the definition of term "gang" and
"gangster" as provided under Section 2 of the Act, no FIR is
maintainable. In the instant case, the FIR is based upon the
pending criminal case(s) and not upon any new allegation(s) or
discovery of fact(s) having serious reflection on the society, for
which purpose the Act was enacted.
He also stated that the provisions of the Act could not be used
as a weapon to wreak vengeance or harass or intimidate citizens
or to settle scores on political or other fronts.
He stated that in this case, it appears that the District
Administration in order to show good work or to win laurels or
seek appreciation from the higher authorities of Government or
ruling party has invoked the provisions of the Act, which is
unjustified.
He also stated that considering the facts of the case, as stated
above, there are reasonable grounds for believing that the
applicant is not guilty of the offence under the Gangsters Act
and that he would not commit the offence while on bail. He also
submitted that the applicant while on bail would not commit
any crime/offence nor would try to tamper the evidence or
influence the witnesses in any manner whatsoever it may be.
Learned Counsel for the applicant has submitted that applicant
is languishing in jail in this matter since 02.05.2024 and there is
no apprehension that, if the facility of bail is granted to the
applicant, he may flee from the course of law or he will not
appear before the Court below, as also the evidence/material
available on record is not strong enough to raise a presumption
that the applicant is guilty of the offences mentioned in the gang
chart.
In these circumstances, the applicant is entitled for bail. In case
of being enlarged on bail, he will not misuse the liberty of bail
and will cooperate in trial.
Learned A.G.A. has opposed the prayer for grant of bail, but
has fairly conceded that in the cases mentioned in the gang
chart, the applicant is on bail. He also could not dispute that co-
accused person has already been enlarged on bail by this Court.
Considering the rival submissions of learned counsel for
parties, material available on record as well as totality of fact
and circumstances as also the fact that co-accused person has
already been enlarged on bail by this Court as also after taking
note of Section 19(4)(b) of the Gangsters Act in light of the
facts of the case and submission of counsel for the applicant to
the effect that while on bail in this case, the applicant would not
commit any crime/offence nor would try to tamper the evidence
or influence the witnesses in any manner whatsoever it may be
and without expressing any opinion on the merits of the case, I
am of the view that the applicant is entitled to be released on
bail.
Chinta
Let applicant- be released on bail in aforesaid Case
Crime, on his furnishing personal bond to the satisfaction of the
court concerned forthwith. Applicant is also directed to furnish
two reliable sureties each of the like amount to the satisfaction
of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper
with the evidence of the case or otherwise misuse the liberty of
bail.
(2) Applicant will fully cooperate in expeditious disposal of the
case and shall not seek any adjournment on the dates fixed for
evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial
court on the dates fixed for (a) opening of the case, (b) framing
of charge; and (c) recording of statement under Section 313
Cr.P.C.
(4) The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self
attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the
authenticity of such computerized copy of the order from the
official website of High Court Allahabad and shall make a
declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail
and learned Court below will be at liberty to pass appropriate
order in the matter regarding cancellation of bail.
Order Date :- 31.5.2024
Jyoti/-
Digitally signed by :-
JYOTI RAJWANI
High Court of Judicature at Allahabad,
Lucknow Bench