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

2. This first bail application has been filed with regard to FIR/ Case Crime No.144 of 2024, under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Gangaghat, District Unnao.

3. It is submitted that as per gang chart, applicant is shown involved in Case Crime No.709 of 2023, under Sections 379, 411 IPC, registered at Police Station Gangaghat, Unnao, Case Crime No.817 of 2022, under Sections 392, 411 and 413 IPC, registered at Police Station Kotwali, Unnao in which applicant has already been enlarged on bail by trial Court in Bail Application Nos.8 of 2024 and 2987 of 2022 respectively. It is submitted that in the supplementary afÏdavit dated 26.11.2024, applicant has explained two other case crime no. 93 of 2021 and 152 of 2021 as well as six other cases explained in paragraph 11 of the afÏdavit filed in support of bail application. The applicant has already been enlarged on bail in all the aforesaid cases as below:- (1) Case Crime No.709 of 2023, under Sections 379, 411 IPC, Police Station Gangaghat, District Unnao, (2) Case Crime No.817 of 2022, under Sections 379/ 411/413 IPC, Police Station Kotwali, District Unnao, (3) Case Crime No.254 of 2019, under Sections 382/411 IPC, Police Station Gangaghat, District Unnao, (4) Case Crime No.855 of 2022, under Sections 413, 411 IPC, Police Station Kotwali, District Unnao, (5) Case Crime No.300 of 2020, under Sections 380, 457 IPC, Police Station Gangaghat, District Unnao, (6) Case Crime No.93 of 2021, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao, (7) Case Crime No.260 of 2019, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao, (8) Case Crime No.246 of 2020, under Section 392/411 IPC, Police Station Gangaghat, District Unnao, (9) Case Crime No.856 of 2022, under Section 3/25 Arms Act, Police Station Kotwali, District Unnao, and (10) Case Crime No.152 of 2021, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao.

4. Learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.

5. 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."

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available 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 afÏdavit filed in support of the 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.

7. Accordingly bail application is allowed.

8. Let applicant Sachin @ Banda @ Banta, 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 sufÏcient cause, the trial court may proceed against him under Section 269 BNSS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of 2023 (BNSS) 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 209 of BNSS. (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 351 of BNSS. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient 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 :- 7.4.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

2. This first bail application has been filed with regard to FIR/ Case Crime No.144 of 2024, under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Gangaghat, District Unnao.

3. It is submitted that as per gang chart, applicant is shown involved in Case Crime No.709 of 2023, under Sections 379, 411 IPC, registered at Police Station Gangaghat, Unnao, Case Crime No.817 of 2022, under Sections 392, 411 and 413 IPC, registered at Police Station Kotwali, Unnao in which applicant has already been enlarged on bail by trial Court in Bail Application Nos.8 of 2024 and 2987 of 2022 respectively. It is submitted that in the supplementary afÏdavit dated 26.11.2024, applicant has explained two other case crime no. 93 of 2021 and 152 of 2021 as well as six other cases explained in paragraph 11 of the afÏdavit filed in support of bail application. The applicant has already been enlarged on bail in all the aforesaid cases as below:- (1) Case Crime No.709 of 2023, under Sections 379, 411 IPC, Police Station Gangaghat, District Unnao, (2) Case Crime No.817 of 2022, under Sections 379/ 411/413 IPC, Police Station Kotwali, District Unnao, (3) Case Crime No.254 of 2019, under Sections 382/411 IPC, Police Station Gangaghat, District Unnao, (4) Case Crime No.855 of 2022, under Sections 413, 411 IPC, Police Station Kotwali, District Unnao, (5) Case Crime No.300 of 2020, under Sections 380, 457 IPC, Police Station Gangaghat, District Unnao, (6) Case Crime No.93 of 2021, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao, (7) Case Crime No.260 of 2019, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao, (8) Case Crime No.246 of 2020, under Section 392/411 IPC, Police Station Gangaghat, District Unnao, (9) Case Crime No.856 of 2022, under Section 3/25 Arms Act, Police Station Kotwali, District Unnao, and (10) Case Crime No.152 of 2021, under Section 3/25 Arms Act, Police Station Gangaghat, District Unnao.

4. Learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.

5. 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."

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available 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 afÏdavit filed in support of the 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.

7. Accordingly bail application is allowed.

8. Let applicant Sachin @ Banda @ Banta, 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 sufÏcient cause, the trial court may proceed against him under Section 269 BNSS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of 2023 (BNSS) 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 209 of BNSS. (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 351 of BNSS. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient 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 :- 7.4.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench