Allahabad High Court
Firoz Khan vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 1 March, 2024
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:19094
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2369 of 2024
Applicant :- Firoz Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.
Counsel for Applicant :- Ashutosh Kumar,Vijay Vikram Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Vijay Vikram Singh, 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.0303 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities(Prevention) Act, 1986, Police Station-Chowk, District-Lucknow is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that though, the gang chart shows only one case against the applicant as FIR/Case Crime No.74 of 2020 under section 302/394/411, 120B, 216-A and 34 IPC and 7 of Criminal Law Amendment Act, Police Station-Chowk, District-Lucknow in which charge sheet has been submitted on 15.05.2020 and 25.07.2020. The applicant is languishing in jail since 06.03.2020.
During the course of argument, learned A.G.A. submits that in addition to the aforesaid Base Case, there are three more cases to the credit of the applicant.
The Court is recording its strongest exception to this type of malpractices on behalf of the prosecution who despite of the clear directions of my judgment in the case of Nishant@Nishu Vs. State of U.P. in Criminal Misc. Bail Application No.14323 of 2021 decided on 19.03.2021 keep on submitting the half baked gang chart without giving full particulars of the criminal antecedents of the applicant.
The Commissioner of Police is hereby directed to pass necessary instructions to its relevant subordinates and police stations under his jurisdiction to prepare full and complete gang chart of that individual by giving his full criminal antecedents in accordance with the relevant provisions of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 as well as ratio laid down in Nishant@Nishu case within 15 days from today.
Let copy of this order be placed before the Commissioner of Police, Lucknow along with the copy of the judgment in the case of Nishant@Nishu(supra) by the learned A.G.A. of the Court.
The Court hope and trust that the Commissioner of Police, Lucknow shall pass necessary directions to all the police stations in the district to strongly adhere the directions and should not place incomplete gang chart for the consideration. Learned A.G.A. undertakes this responsibility to communicate this order to the Commissioner of Police, Lucknow within next 15 days.
Learned counsel for the applicant further submits that in all the four cases, the applicant has been bailed out on different occasions by the competent court except the present case.
Learned A.G.A. could not dispute the aforesaid fact.
Keeping in view the nature of the offence, evidence and complicity of the accused, I am of the view that the applicant has made out a case for bail.
Let the applicant, Firoz Khan, 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
