Allahabad High Court
Santosh Gaudiya And Anr. vs State Of U.P. on 14 July, 2020
Equivalent citations: AIRONLINE 2020 ALL 1962
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 4590 of 2020 Applicant :- Santosh Gaudiya And Anr. Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Verma Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
Heard Mr. Gaurav Verma, learned counsel for the applicants as well as learned Additional Government Advocate appearing for the State of U.P. and perused the records.
The instant bail application has been filed on behalf of applicants with prayer to release them on bail in pursuance to First Information Report dated 2.11.2019, registered as Case Crime No.939 of 2019, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Ghazipur, District Lucknow.
Learned counsel for the applicants has submitted that in the gang chart (Annexure-2 to the application) fourteen cases have been shown to be registered against applicant No.1- Santosh Gaudiya i.e. Case Crime No.443 of 2019, under Sections-41, 411, 413, 401 I.P.C., Case Crime No.143 of 2019, under Sections 457, 380, 413 of I.P.C., Case Crime No.440 of 2019, under Sections-457, 380, 41, 413 IPC, Case Crime No.249 of 2019, under Sections-457, 380, 413 of IPC, Case Crime No.365 of 2019, under Sections-457, 380 and 413 of IPC, Case Crime No.152 of 2019, under Sections-457, 380 and 413 IPC, Case Crime No.71 of 2019, under Sections-457, 380 and 413 of IPC, Case Crime No.167 of 2019, under Sections-457, 380 and 413 of IPC and Case Crime No.122 of 2019, under Sections 457, 380 I.P.C. all at Police Station Ghazipur, District Lucknow and Case Crime No.207 of 2019 under Sections-457, 380, 411, 413 of IPC, Case Crime No.210 of 2019 under Sections 457, 380, 411, 413 of IPC, Case Crime No.254 of 2019 under Sections-457, 380, 411, 413 IPC, Case Crime No.66 of 2019 under Sections-380, 411 and 413 of IPC and Case Crime No.300 of 2018 under Sections-380, 411, 413 of IPC at Police Station-Indira Nagar.
It is further submitted that against applicant No.2-Ravi alias Chhotu eight cases have been shown to be registered i.e. Case Crime No.443 of 2019, under Sections-41, 411, 413, 401 of IPC, P.S.-Ghazipur, Case Crime No.143 of 2019 under Sections-457, 380, 413 of IPC, Case Crime No.440 of 2019 under Sections-457, 380, 41, 413 of IPC, Case Crime No.249 of 2019 under Sections-457, 380, 413 of IPC, Case Crime No.365 of 2019, under Sections-457, 380 and 413 of IPC, Case Crime No.152 of 2019 under Sections-457, 380 and 413 of IPC, Case Crime No.71 of 2019 under Sections-457, 380, 413 of IPC and Case Crime No.167 of 2019 under Sections-457, 380 and 413 of IPC at Police Station Ghazipur, District Lucknow.
It has further been submitted on behalf of applicants that they are on bail in the aforementioned cases and the copy of bail orders of the cases has been annexed as Annexure No.5 cumulatively to the application.
Learned counsel for the applicants further submits that the applicants have been falsely implicated in this case and applicant No.1 is in jail since 11.06.2019 and applicant No.2 since May, 2020 and that after their arrest they were falsely indicated in several other cases of similar nature. It is further submitted that they are on bail in all the cases shown against them in the Gang Chart. He next submits that the applicants are not previous convicts and undertake that they will not indulge in any criminal activity or misuse the liberty of bail, therefore, the applicants are entitled to be released on bail.
Learned Additional Government Advocate though opposed the bail application but fairly conceded that the applicants are on bail in all the cases shown against them in the Gang Chart.
Heard learned Counsel for the applicants and perused the record.
From perusal of record, it reveals that applicants are on bail in all the cases shown against them in the Gang Chart, I am of the view that the applicants deserve to be released on bail.
Let the applicants Santosh Gaudiya and Ravi alias Chhotu, involved in Case Crime No.939 of 2019, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Ghazipur, District Lucknow be released on bail on each of them furnishing a personal bond of Rs.25,000/- and two reliable sureties to the satisfaction of the Court concerned on the following conditions:
(i) The each of the applicants shall file an undertaking to the effect that he 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 him in accordance with law.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(vii) 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.
The bail application stands disposed of.
Order Date :- 14.7.2020 (Alok Mathur, J.)
RKM.