Allahabad High Court
Sonpal Pasi @ Sompal Pasi vs State Of U.P. on 24 August, 2020
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 33 Case :- BAIL No. - 1614 of 2020 Applicant :- Sonpal Pasi @ Sompal Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Kushendra Kumar Singh Rat Counsel for Opposite Party :- G.A. Hon'ble Narendra Kumar Johari,J.
1. Heard Sri K.K. Singh Rat, learned counsel for the applicant and learned A.G.A. through video conferencing.
2. This bail application has been filed by the accused-applicant Sonpal Pasi @ Sompal Pasi, who is involved in Case Crime No. 0293/2018, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station, Imilia Sultanpur, District Sitapur.
3. Learned counsel for the applicant has submitted that the applicant has falsely been implicated under the provision of Gangsters Act. He has further submitted that two criminal cases have been lodged against the applicant, in which he is on bail and the provisions of Gangsters Act has been slapped against the applicant only on the basis of aforesaid criminal cases. Next submission is that the co-accused has already been granted bail by the Co-ordinate Bench of this Court vide orders dated 28.03.2019 and 28.05.2019 passed in Crl. Misc. Case (Bail) Nos.3203 of 2019 and 5431 of 2019. Lastly, he submits that if the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial. The applicant is in jail since 26.12.2018, he may be released on bail.
4. Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
5. Considering the submissions of learned counsel for the parties, facts and circumstances of the case, without expressing any opinion on the merit of the case and considering the accusation and the nature of supporting evidence, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the court in support of the charges, the applicant is entitled to be released on bail.
6. Let the accused/applicant Sonpal Pasi @ Sompal Pasi, involved in Case Crime No.0293/2018, under section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station, Imilia Sultanpur, District Sitapur, be released on bail subject to the following conditions.
(i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected, and
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii). The applicant shall cooperate with investigation /trial.
(iv). 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.
(v). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(vi). In case, the applicant misuses the liberty of bail during trial 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.
(vii). The applicant shall remain present, 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 :- 24.8.2020 Reena/-