Allahabad High Court
State Of U.P. vs Pappu @ Pradeep Kumar Misra And Another on 17 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- GOVERNMENT APPEAL No. - 1000273 of 2017 Appellant :- State of U.P. Respondent :- Pappu @ Pradeep Kumar Misra And Another Counsel for Appellant :- Govt. Advocate Hon'ble Mohd. Faiz Alam Khan,J.
Order on application for grant of leave to appeal Heard Shri Rajesh Kumar, learned A.G.A. for the State - appellant and perused the record. None is present for the respondent nos.1 and 2.
This is an application for grant of leave to appeal against the judgement and order dated 12.04.2017 passed by the Special Judge (Gangster Act)/Additional Sessions Judge, Court No.2, Hardoi in Special Trial No.236 of 2016 (State Vs. Pappu @ Pradeep Kumar Mishra & another) arising out of Case Crime No.26 of 2008, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station Pihani, District Hardoi, whereby the respondent nos.1 and 2 were acquitted of the charges framed against them under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act.
Learned A.G.A. for the State - appellant while drawing attention of this Court towards the judgement and order of acquittal passed by the trial court as well as the definition of gang as provided under Section 2(b)(xi) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, vehemently submits that the trial court has committed manifest illegality in assuming that the offence as provided under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act could only be proved only when there is some illegal criminal activity for pecuniary gain while if any act of the any person is endangering the public peace and tranquility, the provisions of the Gangster Act could validly be invoked and therefore, the trial court has not appreciated the law as well as the evidence of prosecution placed before it in right perspective.
It is also submitted that the trial court has given much weight-age to the insignificant and minor contradictions occurring in the testimony of the prosecution witnesses and has passed the order of acquittal on the basis of surmises and conjunctures, thus leave to appeal be granted to the State.
Having heard learned A.G.A. for the State and having perused the record, without commenting anything on the merits of the case, in the considered opinion of this Court, an arguable case is emerging in favour of the State and thus the application moved on behalf of the State for grant of leave to appeal against the judgement of acquittal passed by the trial court is allowed.
Order on appeal Heard Shri Rajesh Kumar, learned A.G.A. for the State - appellant and perused the record. None is present for the respondent nos.1 and 2.
As the application for grant of leave to appeal has already been accepted today, the appeal is admitted.
The record of the trial court is also available before this Court.
As none is present on behalf of the respondent nos.1 and 2, issue bailable warrant of Rs.25,000/- against them for their appearance before this Court on 14.09.2022 to be executed through the Chief Judicial Magistrate, Hardoi.
It is further directed that if in pursuance of the process issued by this Court, the respondents appear or brought before the Chief Judicial Magistrate, Hardoi, he (C.J.M.) would be under an obligation to release the respondents on bail on their furnishing personal bond of Rs.25,000/- and two sureties of like amount.
The Chief Judicial Magistrate, Hardoi would be under further obligation to transmit the copies of the personal bond as well as sureties bonds of the respondents for the purpose of keeping it on record while retaining the original with him.
List accordingly on 14.09.2022.
Order Date :- 17.8.2022 Anupam S/-