78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5477 of 2022 v. State of U.P & Anr.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.180 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.-Fatehpur Sikri, District-Agra. It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further submits that one case has been shown in the gang chart against the applicant, in which he has been enlarged on bail, copy of which has been annexed as Annexure-3 of the bail application. He next submits that there is three other criminal cases against the applicant except the aforesaid case depicted in the gang chart, which he has satisfactorily explained in para 6 and 7 of the supplementary affidavit.

He next submits that applicant is not involved in any anti-social activities and he is not a member or leader of any gang. He next submits that apart from above-mentioned cases, applicant does not have any criminal history. The applicant is languishing in jail since 29.12.2021. In case he is granted bail, he will not misuse the liberty and will cooperate with trial. Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the fact that applicant has been enlarged on bail depicted in the gang chart by the court concerned except three criminal cases mentioned in para 6 and 7 of the supplementary affidavit, and apart from the above- mentioned cases, applicant has no criminal history. Having heard learned counsel for the parties and after perusal of record, I find that applicant has been enlarged on bail in a aforementioned criminal case depicted in the gang chart except three criminal cases mentioned in para 6 and 7 of the supplementary affidavit, which according to the applicant have no concerned with him, and apart from the aforesaid cases, applicant does not have any criminal history, coupled with the fact that he is languishing in jail since 29.12.2021, thus without commenting on the merits of the case, I find it a fit case for bail.

Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant- Gulab Singh @ Gulla involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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.

He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 2.3.2022 Ashutosh SINGH Reason: Location: High Court of Judicature at Allahabad