Allahabad High Court
Dhirendra Kumar @ Dheeru vs State Of U.P Thru. Prin. Secy. Home ... on 1 March, 2024
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:19034
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2152 of 2024
Applicant :- Dhirendra Kumar @ Dheeru
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko.
Counsel for Applicant :- Amit Kumar Awasthi,Amit Bhatt
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Amit Kumar Awasthi, learned counsel for the applicant as well as learned A.G.A for the State through Video Conferencing at Lucknow.
This is the nominated bail application before this Court in the light of the judgment of Hon'ble the Apex Court in the case of Pradhani Jani Vs. State of Orrisa reported in 2023 SCC OnLine SC 1769
By means of this application, the applicant who is involved in case crime no.13 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities(Prevention) Act, 1986, Police Station-Mailani, District-Lakhimpur Kheri is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the gang chart shows that as many as four persons have formed the gang namely Dhirendra Kumar, Ranjee, Sumit Kashyap and Abhishek Kumar. The applicant before this Court is Dhirendra Kumar against whom there is solitary case in case crime no.317 of 2020 under sections 364/302/201 IPC and Section 3(2)V of the SC/ST Act in which the charge sheet has been submitted on 21.12.2020. It is further contended by learned counsel for the applicant that co-ordinate Bench of this Court vide judgment and order dated 13.02.2024 have granted bail in the base case i.e case crime no.317 of 2020, copy of which is annexed as Annexure-3 to the application. The applicant is languishing in jail since 13.10.2020.
This aspect of the issue has not been disputed by learned A.G.A. and submits that the applicant has been released on bail in the BASE CASE.
Keeping in view the nature of the offence, evidence, complicity of the accused and extending the benefit of parity, I am of the view that the applicant has made out a case for bail.
Let the applicant, Dhirendra Kumar @ Dheeru, who is involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.3.2024
Sumit S
