Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44114 of 2021 Applicant :- Pranay Pratap Singh Opposite Party :- State Of U.P Through Secretary Home,U.P Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Pranay Pratap Singh, seeking enlargement on bail during trial in connection with Case Crime No. 147 of 2021, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, registered at P.S. Cantt., District Gorakhpur.
Learned counsel for the applicant argued that there are two cases against the applicant on the basis of which the present First Information Report has been registered under the Gangster Act, in which, the applicant has been granted bail, copy of the orders granting bail in the said two cases are annexed as annexure no. 2 of the affidavit in support of the bail application.
Further, learned counsel for the applicant has argued that except for the said two cases and the present case, the applicant is not involved in any other criminal case and has not previous criminal history, para 17 of the affidavit in support of the bail application has been placed before the Court. The applicant is neither a member of any gang nor a gang leader. It is further argued that co-accused Vijay Pratap Singh and Shamshad @ Shamshad Alam have been granted bail by a co-ordinate Bench of this Court vide orders dated 24.08.2021 and 26.08.2021 passed in Crl. Misc. Bail Application Nos. 18606 of 2021 (Vijay Pratap Singh Vs. State of U.P.) and 20386 of 2021 (Shamshad @ Shamshad Alam Vs. State of U.P.), copy of the orders are annexed as annexure 3 to the affidavit in support of the bail application. The applicant is in jail since 05.10.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is involved in two other cases on the basis of which the present First Information Report has been lodged but could not dispute the fact in both the cases he has been granted bail and also co-accused have been granted bail, have not been disputed.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is stated to be involved in two other cases in which he has been granted bail. The co-accused persons have been granted bail by a co-ordinate Bench of this Court.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Pranay Pratap Singh, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/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.
Order Date :- 25.10.2021 M. ARIF Digitally signed by Justice Samit Gopal Date: 2021.10.25 18:21:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad