Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 896 of 2018 Applicant :- Harishchandra Kesharwani Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 562 of 2017, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Handia, District Allahabad.
The applicant has been booked in the aforesaid section and the gang chart as has been shown there is only one case as against the applicant Harishchandra Kesharwani and which has been explained by filing an order dated 20.11.2017 passed in Criminal Misc. Bail Application No. 40152 of 2017 by which the applicant was enlarged on bail in that case. The applicant has also annexed the orders passed in respect of the co- accused Sushil Kumar Yadav and Ashok Kumar Yadav, who have been enlarged on bail vide orders dated 11.08.2017 and 19.07.2017 passed in Criminal Misc. Bail Application Nos. 28942 of 2017 and 25693 of 2017 respectively and against each of whom also, one case was shown in the gang chart. Similarly, the Raju Yadav has also been enlarged on bail vide order dated 23.10.2017 passed in Criminal Misc. Bail Application No. 37436 of 2017. The applicant has further explained the other criminal cases which have not been shown in the gang chart by means of supplementary affidavit, wherein, he has stated that the proceedings in Case Crime No. 188 of 1997, under Section 20 NDPS Act has been dropped and in respect of Case Crime No. 72 of 1998 final report has been submitted which has not been challenged in protest petition. Similarly, in case crime no. 214 of 1999, the applicant has already been acquitted, whereas, in case under Section 3(1) of U.P.Control of Gunda Act, P.S. Handia, District Allahabad, the applicant has been discharged vide order dated 19.11.2003 passed by Addl. District Magistrate (Administration), Allahabad. So far as the NCR No. 10 of 2002 and NCR No. 352 of 2002 are concerned, the same are not proceeded with and no charge sheet has been submitted. In case crime no. 80 of 2002, the applicant states to have already been enlarged on bail.
On contrary, learned AGA opposed the prayer for bail in view of the previous criminal history of the applicant.
Considering the aforesaid submissions of learned counsel for the parties and the fact that co-accused persons, named in the FIR, have been enlarged on bail by this Court, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Harishchandra Kesharwani involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, lower court will be at liberty to cancel the bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 IrfanUddin