Allahabad High Court
Ranjeet @ Ghaseete vs State Of U.P. Thru. Prin. Secy. Home Lko. on 7 April, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:19487
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1260 of 2025
Applicant :- Ranjeet @ Ghaseete
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Anurag Singh,Anurag Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party-State and perusal of record.
2. This first bail application has been filed with regard to FIR/ Case Crime No.243 of 2024, under Section 3(1) U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Dahi, District Unnao.
3. It is submitted that as per gang chart, applicant is shown involved in which he has been enlarged on bail in Case Crime No.234 of 2023, under Sections 379, 411, 413, 414 IPC Police Station Dahi, District Unnao Bail Application No.7427 of 2024 passed on 22.07.2024, Case Crime No.499 of 2023, under Sections 379, 411 IPC, Police Station Kotwali, District Unnao Bail Application No.7426 of 2024 passed on 22.07.2024, Case Crime No.561 of 2023, under Sections 379, 411 IPC Police Station Kotwali,District Unnao Bail Application No.7425 of 2024 passed on 22.07.2024, Case Crime No.663 of 2023, under Sections 379, 411 IPC Police Station Kotwali, District Unnao, Bail Application No.7445 of 2024 passed on 22.07.2024, Case Crime No.658 of 2023, under Sections 379, 411 IPC, Police Station Kotwali,District Unnao, Bail Application No.7433 of 2024 passed on 22.07.2024,Case Crime No.339 of 2023, under Sections 379, 411 IPC, Police Station Gangaghat,District Unnao, Bail Application No.7429 of 2024 passed on 27.07.2024.
4. It is submitted that apart from the aforesaid cases, the applicant is also shown involved in ten other cases in which he has already been enlarged on bail which are as follows:
(1) Case Crime No.1117 of 2019, under Sections 147,323,504, 308 IPC Police Station Kotwali, Unnao, Bail Application No.10622 of 2022 passed on 01.03.2023.
(2) Case Crime No.25 of 2022, under Sections 2/3 Gangster Act, Police Station Kotwali, Unnao, Bail Application No.9999 of 2022 passed on 01.03.2023.
(3) Case Crime No.104 of 2023, under Sections 380, 411, 457 IPC, Police Station Kotwali, Unnao, Bail Application No.42 of 2023 passed on 17.03.2023.
(4) Case Crime No.596 of 2021, under Sections 380, 457, 411 IPC, Police Station Kotwali, Unnao.
(5) Case Crime No.612 of 2021, under Sections 380,457, 411 IPC Police Station Kotwali, Unnao.
(6) Case Crime No.710 of 2023, under Section 3/25 Arms Act, Police Station Kotwali, Unnao.
(7) Case Crime No.318 of 2023, under Sections 380,457, 411 IPC, Police Station Gangaghat, Unnao.
(8) Case Crime No.87 of 2022, under Sections 379, 411, 413 IPC, Police Station Gangaghat, Unnao.
(9) Case Crime No.90 of 2022, under Sections 379 IPC, Police Station Harbans Mohal, Kanpur Nagar.
(10) Case Crime No.310 of 2023, under Sections 379,411 IPC Police Station Sarojani Nagar, Lucknow.
5. Learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts on the basis of counter affidavit in which it has been admitted that applicant is enlarged on bail in all the cases.
6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."
"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."
7. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the affidavit filed in support of the application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case.
8. Accordingly bail application is allowed.
9. Let applicant Ranjeet @ Ghaseete, involved in the aforesaid case crime 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 with the following 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 269 of Bharatiya Nayay Sanhita, 2023 (BNS).
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS).
(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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). 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 :- 7.4.2025
Subodh/-
