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2025 DAILYLAW 151790 (ALL)

SANTRAM RAIDAS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/6560/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40911 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6560 of 2025 Applicant :- Santram Raidas Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material on record. The present bail application has been filed by the accused-applicant in Case Crime No. 652 of 2024, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Tandiyawan, District Hardoi. Learned counsel for the applicant submits that in the gang chart only a solitary case has been shown against the applicant, in which he has already been granted bail. A copy of the said bail order has been annexed as Annexure-3 to the bail application. It is further submitted that apart from the said case, the applicant has criminal history of three more cases. In Case crime No. 181 of 2021 the applicant has been acquitted and in the remaining two cases, he has granted bail copies of which have been collectively annexed as Annexures 4,5 and 6 to the bail application. The applicant is in custody since 31.1.2025. It is also submitted that the applicant is ready and willing to furnish an undertaking in terms of Section 19(4)(b) of the said Act. It is further submitted that there is no likelihood of the applicant absconding or tampering with the prosecution witnesses, and that in the event of being released on bail, he shall not misuse the liberty granted to him. Learned A.G.A. has opposed the bail prayer but has not disputed the factual submissions made on behalf of the applicant. Considering the overall facts and circumstances of the case, particularly that the applicant is in jail since 31.01.2025; that only one case is shown in the gang chart, in which he has already been granted bail; in other cases also he is on bail; and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. Accordingly, the application is allowed. Let the applicant Santram Raidas involved in the aforesaid case crime number 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) 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 IPC (now Section 269 BNS). (vii) 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. (now Section 84 BNSS)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 IPC (now Section 209 BNS). Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench