Ram Naresh @ Naresh vs. State Of U.P.

Held

The Court granted bail to the applicant, Ram Naresh @ Naresh. While not expressing an opinion on the merits of the case, the Court considered the submissions of both parties. The applicant's counsel highlighted his innocence, lack of prior convictions, and commitment to cooperate with the trial. The State's opposition was based on allegations of being a gang member and habitual offender. The Court found it appropriate to release the applicant on bail, subject to specific conditions. These conditions include not tampering with prosecution evidence, sincerely cooperating with the trial without seeking adjournments, and refraining from any criminal activity. The Court emphasized that breach of these conditions would be grounds for cancellation of bail and directed verification of the applicant's and sureties' identity, status, and residence.

Facts

This case involves a bail application filed by Ram Naresh @ Naresh, the applicant, who is involved in Case Crime No. 276 of 2009 (GST No. 15 of 2017), under Section 2/3 of the U.P. Gangsters and Anti-Social Activities Act. The applicant was initially on bail but failed to appear before the court below due to his father's treatment in Bombay, leading to the issuance of a non-bailable warrant. He subsequently surrendered and has been in jail since December 22, 2018. The applicant claims innocence, no misuse of prior bail liberty, no flight risk, no tampering with evidence, and is not a previous convict. The State opposed the bail, alleging the applicant is a gang member, habitual offender, and likely to indulge in anti-social activities and threaten witnesses if released.

Key Issues

1. Whether the applicant, Ram Naresh @ Naresh, is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, 1973, considering the allegations under Section 2/3 of the U.P. Gangsters and Anti-Social Activities Act, 1986? Contentions: Petitioner/Applicant: Argued that the applicant is innocent, falsely implicated, has not misused previous bail, has no intention to flee or tamper with evidence, and is not a previous convict. Undertook to cooperate with the trial and not misuse bail liberty. Opposite Party/State: Opposed the bail application, contending that the applicant is a gang member, a habitual offender, and likely to commit similar anti-social activities and threaten prosecution witnesses if released on bail.