Kailashi vs. State Of U.P.

Held

The Court granted bail to the applicant, Kailashi, in Case Crime No. 125 of 1999, GST No. 277/2000, under Section 2/3 of the U.P. Gangster Act. The decision was made considering the facts and circumstances of the case, the submissions of both parties, and the applicant's undertaking to cooperate with the trial and remain within the district until the conclusion of the trial. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The applicant is to be released on furnishing a personal bond and two local sureties to the satisfaction of the court concerned. Several conditions were imposed, including cooperating with the trial, not leaving the district, reporting to the police station monthly, not tampering with evidence, not intimidating witnesses, remaining present on dates fixed for evidence, and appearing on dates for opening of the case, framing of charge, and recording of statement under Section 313 Cr.P.C. Failure to comply with these conditions could lead to the trial court treating it as an abuse of bail liberty.

Facts

This is a bail application filed by Kailashi, the applicant, in Case Crime No. 125 of 1999, related to GST No. 277/2000, under Section 2/3 of the U.P. Gangster Act, registered at P.S. Dauki, District Agra. The applicant has been in jail since January 25, 2023. The applicant's counsel stated that the applicant was absent from court proceedings since July 16, 2009, due to earning a livelihood in another district, which led to a Non-Bailable Warrant (NBW) being issued. The applicant undertakes to cooperate with the trial and not leave the district until the case is disposed of.

Key Issues

1. Whether the applicant is entitled to be enlarged on bail in Case Crime No. 125 of 1999, GST No. 277/2000, under Section 2/3 of the U.P. Gangster Act, considering his prolonged absence from court and the charges against him? Petitioner's Arguments: The applicant's counsel argued that the applicant's absence was due to the need to earn a livelihood and that he undertakes to cooperate with the trial, not leave the district, and not misuse the liberty of bail. The applicant has been in jail since January 25, 2023. Revenue/State's Arguments: The learned A.G.A. for the State opposed the bail prayer, submitting that the applicant has committed the alleged offense and is therefore not entitled to bail.