Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45271 of 2021 Applicant :- Indra Pratap Singh Chauhan Opposite Party :- State Of U.P Through Its Principal Secretary Home Counsel for Applicant :- Karunesh Pratap Singh,Jai Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.93 of 2021, under Section 3(1) of U.P. gangster and Anti-Social Activities (Prevention Act) 1986, Police Station- Purani Basti, District- Basti.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. Out of four cases shown in the gang chart, in three cases the accused-applicant is on bail. The bail order is annexed as Annexure No.3, while in the fourth case No.492 of 2020, charge sheet has been submitted against the applicant and copy of the questionnaire has been filed by the accused-applicant which is annexed as Annexure No.6. Learned counsel for the applicant further contended that the co-accused Amar @ Neeraj, Virendra and Sunil have been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 24487 of 2021, 24202 of 2021 and 24224 of 2021 vide orders dated 10.08.2021, 05.08.2021 and 04.08.2021. There is no other previous criminal history of the applicant. The applicant who is in jail since 05.10.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail but did not disputed the aforesaid facts that the co-accused have been enlarged on bail.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Indra Pratap Singh Chauhan involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
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. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.10.2021 Krishna* Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.10.29 16:32:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad