Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in

Applicant :- Lala Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.

1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State-opposite party and perused the record.

3. This first bail application has been filed with regard to Case Crime No.385 of 2019 under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Sareni, District Raebareli.

4. It is submitted that as per gang chart, applicant has been shown involved in eleven cases bearing Case Crime Nos.246 of 2019, 251 of 2019, 298 of 2019, 309 of 2019, 310 of 2019, 316 of 2019, 146 of 2019, 147 of 2019, 178 of 2019, 179 of 2019, 180 of 2019 in all the cases, the applicant has already been enlarged on bail by trial court vide orders dated 01.11.2019, 11.10.2019, 31.10.2019, 31.10.2019, 31.10.2019, 25.10.2019, 14.11.2019, 14.11.2019 and 14.11.2019 passed in Bail Applications No.2922 of 2019, 2694 of 2019, 2920 of 2019, 2923 of 2019, 2916 of 2019, 2695 of 2019, 2847 of 2019, 2845 of 2019, 2849 of 2019, 2848 of 2019 and 2843 of 2019 respectively, copies of bail orders are annexed as Annexure Nos.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 to the application.

25.10.2019,

14.11.2019,

5. It is submitted that apart from the aforesaid cases, applicant is also shown involved in seven more cases i.e. Case Crime Nos.206 of 2019, 211 of 2019, 189 of 2016, 278 of 2016, 80 of 2019, 232 of 2017 and 405 of 2017 as indicated in paragraph-18 to 20 of the affidavit filed in support of instant bail application as well as paragraph 3, 4 of the supplementary affidavit, in which the applicant has already been enlarged on bail by trial court vide orders dated 14.11.2019, 14.11.2019, 18.09.2024, 13.11.2017 and 24.11.2017 passed in Bail Applications No.2844 of 2019, 2845 of 2019, 9543 of 2024, 2214 of 2017, copies of bail orders are annexed as Annexure Nos.14, 15, 16 to the bail application and SA-1, SA-2 to the supplementary affidavit. The applicant is in jail since 09.07.2019.

6. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the fact that applicant has already been enlarged on bail in the aforesaid case in which his involvement has been indicated. It is admitted that the applicant has explained previous criminal history.

7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the affidavit filed in support of application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore, the applicant is entitled to be released on bail in this case.

9. Accordingly bail application is allowed.

10. Let applicant- Lala Singh involved in the aforesaid case 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 which are being imposed in the interest of justice:- (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 sufficient 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 sufficient 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. Order Date :- 3.4.2025 Shubhankar SHUBHANKAR THAKUR SHUBHANKAR THAKUR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

Applicant :- Lala Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.

1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State-opposite party and perused the record.

3. This first bail application has been filed with regard to Case Crime No.385 of 2019 under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Sareni, District Raebareli.

4. It is submitted that as per gang chart, applicant has been shown involved in eleven cases bearing Case Crime Nos.246 of 2019, 251 of 2019, 298 of 2019, 309 of 2019, 310 of 2019, 316 of 2019, 146 of 2019, 147 of 2019, 178 of 2019, 179 of 2019, 180 of 2019 in all the cases, the applicant has already been enlarged on bail by trial court vide orders dated 01.11.2019, 11.10.2019, 31.10.2019, 31.10.2019, 31.10.2019, 25.10.2019, 14.11.2019, 14.11.2019 and 14.11.2019 passed in Bail Applications No.2922 of 2019, 2694 of 2019, 2920 of 2019, 2923 of 2019, 2916 of 2019, 2695 of 2019, 2847 of 2019, 2845 of 2019, 2849 of 2019, 2848 of 2019 and 2843 of 2019 respectively, copies of bail orders are annexed as Annexure Nos.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 to the application.

25.10.2019,

14.11.2019,

5. It is submitted that apart from the aforesaid cases, applicant is also shown involved in seven more cases i.e. Case Crime Nos.206 of 2019, 211 of 2019, 189 of 2016, 278 of 2016, 80 of 2019, 232 of 2017 and 405 of 2017 as indicated in paragraph-18 to 20 of the affidavit filed in support of instant bail application as well as paragraph 3, 4 of the supplementary affidavit, in which the applicant has already been enlarged on bail by trial court vide orders dated 14.11.2019, 14.11.2019, 18.09.2024, 13.11.2017 and 24.11.2017 passed in Bail Applications No.2844 of 2019, 2845 of 2019, 9543 of 2024, 2214 of 2017, copies of bail orders are annexed as Annexure Nos.14, 15, 16 to the bail application and SA-1, SA-2 to the supplementary affidavit. The applicant is in jail since 09.07.2019.

6. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the fact that applicant has already been enlarged on bail in the aforesaid case in which his involvement has been indicated. It is admitted that the applicant has explained previous criminal history.

7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the affidavit filed in support of application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore, the applicant is entitled to be released on bail in this case.

9. Accordingly bail application is allowed.

10. Let applicant- Lala Singh involved in the aforesaid case 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 which are being imposed in the interest of justice:- (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 sufficient 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 sufficient 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. Order Date :- 3.4.2025 Shubhankar SHUBHANKAR THAKUR SHUBHANKAR THAKUR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench