High Court

4. The first bail application filed by the accused- appellant/ applicant was dismissed as not pressed vide order dated 18.10.2024.

5. It is submitted by learned counsel for the appellant/ applicant that the appellant/ applicant is innocent, who has been falsely implicated in this case. He has also submitted that the accused-appellant/ applicant does not indulge in any unlawful activity as provided in the Gangsters Act, therefore, no case is made out against the appellant/ applicant.

6. His further submission is that only one case except the present one has been shown in the gang chart against the present appellant/ applicant, who is neither a member of gang nor a leader of any such gang. The allegation levelled against the present appellant/ applicant that he is a member of any alleged gang, is absolutely baseless and untenable.

7. His next submission is that only one case has been shown against the appellant/ applicant in the gang chart and on the basis of which, the provisions of Sections 2/3(1) of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 have been invoked against the present appellant/ applicant.

8. His further submission is that similarly placed co- accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated

18.10.2024.

9. His further submission is that the accused/ applicant is languishing in jail since 09.08.2024, who has no other criminal history except the case mentioned in the gang chart.

10. His further submission is that the accused- appellant/ applicant was on bail during trial and he did not misuse the liberty of bail granted to him during trial. He has also submitted that the maximum sentence awarded to the appellant/ applicant is up to five years only.

11. His next submission is that as the appeal pertains to the year 2024, which is likely to take quite sometime in getting concluded, the accused-appellant/ applicant is entitled to be enlarged on bail during pendency of this appeal.

12. His next submission is that, in case, the appellant/ applicant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with this Court in getting the present criminal appeal concluded expeditiously and he shall not commit similar kind of offence in future also.

13. Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the accused-appellant/ applicant is an active member of the gang. He has also submitted that the provisions of Sections 2/3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 have been rightly invoked against the present accused-appellant/ applicant. Therefore, the accused-appellant/ applicant does not deserve to be enlarged on bail. However, he has been unable to dispute the other factual submissions advanced by learned counsel for the appellant/ applicant including the fact that similarly placed co-accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated

18.10.2024.

14. Having heard learned counsel for the appellant/ applicant, learned A.G.A. for the State, and upon perusal of record, it transpires that the accused- appellant/ applicant is named in the first information report. There is only one case except the present one shown in the gang chart against the present appellant/ applicant. Similarly placed co-accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated 18.10.2024. The accused-appellant/ applicant is languishing in jail since 09.08.2024, who has no other criminal history except the case mentioned in the gang chart. The accused-appellant/ applicant was on bail during trial. The maximum sentence awarded to the appellant/ applicant is up to five years only. As the appeal pertains to the year 2024, which is likely to take quite sometime in getting concluded, the accused-appellant/ applicant is entitled to be enlarged on bail during pendency of this appeal.

15. Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties and without expressing any opinion on the merit of the case, a case for bail is made out. The second bail application is, thus, allowed.

16. Let the applicant/ appellant, Puttilal be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

17. As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

18. It is made clear that during bail, the accused- appellant/ applicant shall not indulge himself in any criminal activity. If he is found to have indulged in any criminal activity, the prosecution will be at liberty to file an application for cancellation of bail.

19. Half of the fine imposed by the learned Trial Court shall remain stayed, but, the remaining half shall be deposited by the appellant/ applicant within a period of one month from the date of his release, failing which, the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence.

20. Office is directed to prepare the typed paper book in this case and provide a copy of the same to learned counsel for the parties as per rules of the Court.

21. List this appeal in the first week of August,

2025. (Ajai Kumar Srivastava-I, J.) Order Date :- 23.4.2025 cks/-

4. The first bail application filed by the accused- appellant/ applicant was dismissed as not pressed vide order dated 18.10.2024.

5. It is submitted by learned counsel for the appellant/ applicant that the appellant/ applicant is innocent, who has been falsely implicated in this case. He has also submitted that the accused-appellant/ applicant does not indulge in any unlawful activity as provided in the Gangsters Act, therefore, no case is made out against the appellant/ applicant.

6. His further submission is that only one case except the present one has been shown in the gang chart against the present appellant/ applicant, who is neither a member of gang nor a leader of any such gang. The allegation levelled against the present appellant/ applicant that he is a member of any alleged gang, is absolutely baseless and untenable.

7. His next submission is that only one case has been shown against the appellant/ applicant in the gang chart and on the basis of which, the provisions of Sections 2/3(1) of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 have been invoked against the present appellant/ applicant.

8. His further submission is that similarly placed co- accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated

18.10.2024.

9. His further submission is that the accused/ applicant is languishing in jail since 09.08.2024, who has no other criminal history except the case mentioned in the gang chart.

10. His further submission is that the accused- appellant/ applicant was on bail during trial and he did not misuse the liberty of bail granted to him during trial. He has also submitted that the maximum sentence awarded to the appellant/ applicant is up to five years only.

11. His next submission is that as the appeal pertains to the year 2024, which is likely to take quite sometime in getting concluded, the accused-appellant/ applicant is entitled to be enlarged on bail during pendency of this appeal.

12. His next submission is that, in case, the appellant/ applicant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with this Court in getting the present criminal appeal concluded expeditiously and he shall not commit similar kind of offence in future also.

13. Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the accused-appellant/ applicant is an active member of the gang. He has also submitted that the provisions of Sections 2/3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 have been rightly invoked against the present accused-appellant/ applicant. Therefore, the accused-appellant/ applicant does not deserve to be enlarged on bail. However, he has been unable to dispute the other factual submissions advanced by learned counsel for the appellant/ applicant including the fact that similarly placed co-accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated

18.10.2024.

14. Having heard learned counsel for the appellant/ applicant, learned A.G.A. for the State, and upon perusal of record, it transpires that the accused- appellant/ applicant is named in the first information report. There is only one case except the present one shown in the gang chart against the present appellant/ applicant. Similarly placed co-accused, Pinku @ Rahul Mishra has already been enlarged on bail by this Court vide order dated 18.10.2024. The accused-appellant/ applicant is languishing in jail since 09.08.2024, who has no other criminal history except the case mentioned in the gang chart. The accused-appellant/ applicant was on bail during trial. The maximum sentence awarded to the appellant/ applicant is up to five years only. As the appeal pertains to the year 2024, which is likely to take quite sometime in getting concluded, the accused-appellant/ applicant is entitled to be enlarged on bail during pendency of this appeal.

15. Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties and without expressing any opinion on the merit of the case, a case for bail is made out. The second bail application is, thus, allowed.

16. Let the applicant/ appellant, Puttilal be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

17. As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

18. It is made clear that during bail, the accused- appellant/ applicant shall not indulge himself in any criminal activity. If he is found to have indulged in any criminal activity, the prosecution will be at liberty to file an application for cancellation of bail.

19. Half of the fine imposed by the learned Trial Court shall remain stayed, but, the remaining half shall be deposited by the appellant/ applicant within a period of one month from the date of his release, failing which, the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence.

20. Office is directed to prepare the typed paper book in this case and provide a copy of the same to learned counsel for the parties as per rules of the Court.

21. List this appeal in the first week of August,

2025. (Ajai Kumar Srivastava-I, J.) Order Date :- 23.4.2025 cks/-