Allahabad High Court
Sandeep Jaiswal @ Gapolu vs State Of U.P. on 11 January, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 7123 of 2020 Applicant :- Sandeep Jaiswal @ Gapolu Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
Present application under Section - 439 CrPC has been filed by the accused-applicant - Sandeep Jaiswal @ Gapolu seeking bail in case crime no.0395/2020, under Sections - 2, 3(1) of U.P. Gangster and Prevention of Anti-Social Activities Act, 1986 lodged at police station - Gauriganj, District - Amethi. The provisions of Gangsters Act have been invoked against the accused-applicant the basis of following cases :-
(i) Case Crime No.128/2018, under Sections - 147, 323, 504, 506 IPC, registered at police station- Gauriganj, District - Amethi.
(ii) Case Crime No.215/2018, under Sections - 147, 148, 452, 504, 506 IPC registered at police station - Gauriganj, District - Amethi.
(iii) Case Crime No.272/2018, under Sections - 8/18 NDPS Act, registered at police station - Gauriganj, District - Amethi.
(iv) Case Crime No.458/2019, under Sections - 307 IPC, registered at police station -Gauriganj, District - Amethi.
(v) Case Crime No.444/2019, under Sections - 302, 147, 386, 504, 506 IPC, registered at police station - Gauriganj, District - Amethi.
Accused-applicant has been enlarged on bail in all the aforesaid cases. Accused-applicant is not gang leader. In respect of the offence under Section ? 302 IPC learned counsel for the applicant submits that the accused-applicant has been implicated on the basis of the statement of the co-accused and considering this fact this Court has enlarged him on bail. He further submits that the accused-applicant has not committed any offence but he has been falsely implicated and in future there is no likelihood of any offence being committed by him if he is enlarged on bail.
Shri Ashwani Kumar Singh, learned Additional Government Advocate on the other hand has opposed the bail application and submitted that the accused-applicant is involved in commission of serious and heinous offences which is evident from the gang chart. He further submits that he does not satisfy the conditions mentioned under Section ? 19(4) of U.P. Gangster Act and, therefore, he is not entitled for bail.
I have considered the submissions advanced on behalf of the accused-applicant and State. Accused-applicant is not the gang leader. He is not the prime accused in case under Section - 302 IPC. His name has surfaced from the statement of the co-accused. Other offences are not that serious in nature.
5. Considering the submissions advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I am of the opinion that the accused-applicant who is languishing in jail since 27.8.2020, is entitled to be released on bail.
6. Let applicant - Sandeep Jaiswal @ Gapolu be released on bail in the aforesaid case on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
Order Date :- 11.1.2021 mks