Allahabad High Court
Brijesh Yadav @ Bittu vs State Of U.P. on 11 May, 2022
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18149 of 2022
Applicant :- Brijesh Yadav @ Bittu
Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
Called on.
Heard learned counsel Sri Jai Prakash Yadav, Advocate for the accused-applicant, learned Additional Government Advocate for the State who has received the instructions and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicant-Brijesh Yadav @ Bittu who is involved in Case Crime No. 10 of 2022, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Makkhanpur, District Firozabad.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Additional Sessions Judge/Special Judge (Gangster Act), court no. 10, Firozabad vide order dated 15.03.2022.
Learned Additional Government Advocate for the State to protest the bail plea on the basis of instructions and the copy of the diary available with him.
Learned counsel for the accused-applicant submits that there are two cases (Case Crime No. 273 of 2021, under Sections 392, 411 IPC, Police Station Makkhanpur, District Firozabad and Case Crime No. 283 of 2021, under Section 3/25 of Arms Act, Police Station Makkhanpur, District Firozabad), shown at Serial No. 3 in the Gang-chart against the accused-applicant. In Case Crime No. 273 of 2021, the accused-applicant has been granted bail by this Court vide order dated 10.02.2022 passed in Crl. Misc. Bail Application No. 52999 of 2021. In Case Crime No. 283 of 2021, the accused-applicant has been granted bail by the court below vide order dated 25.02.2022. The bail orders are annexed as Annexure no. 3 collectively to the bail application.
Learned counsel for the bail-applicant further submitted that there is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail plea on the basis of instructions and case diary with him but could not dispute the aforesaid facts as argued by the learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant- Brijesh Yadav @ Bittu be released on bail in Case Crime No. 10 of 2022, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Makkhanpur, District Firozabad, on his furnishing a personal bond worth Rs. 100,000/- (One lac) and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) The applicant 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 applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him in accordance with law.
Order Date :- 11.5.2022
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