Allahabad High Court
Jawahar Lal Jaiswal vs State Of U.P. on 12 April, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 3636 of 2021
Applicant :- Jawahar Lal Jaiswal
Opposite Party :- State of U.P.
Counsel for Applicant :- Shrikant Mishra,Hemant Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-19 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Jawahar Lal Jaiswal, involved in Crime No.391 of 2020, under Section 2/3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Dhammaur, District- Sultanpur.
Heard learned counsel for applicant, learned AGA for the State on video conferencing and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the police only on the ground of previous criminal history of the applicant. Learned counsel further submits that the applicant is neither a member nor leader of any Gang or involved in any anti social activities pertaining to the Gangster Act. Learned counsel further submits that only one case has been shown against the applicant in the gang chart wherein the applicant has already been bailed out by the lower court. Learned counsel further submits that in addition to above the applicant was also falsely implicated in seven other cases wherein the applicant has already been bailed out, which has been explained and mentioned in supplementary affidavit. Learned counsel further submits that co-accused Vijay Bahadur, Ashwani Upadhyay, Sangam Lal and Santosh Yadav have already been released on bail by this Court and the details whereof have been mentioned in para 18 of the affidavit.
Learned counsel for the applicant further submits that the applicant is a law abiding person and languishing in jail since 19.02.2021. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant-Jawahar Lal Jaiswal involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. The applicant 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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.
Order Date :- 12.4.2021
Ashutosh Pandey
