Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42873 of 2021 Applicant :- Aaleem Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0270 of 2020, under Section 2/3 of Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station - Saroorpur, District - Meerut with the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged on 07.10.2020 against named accused persons Sajeel, Pervez and Aaleem(applicant) and it was alleged by complainant Shri Arvind Kumar, Prabhari Nirikshak, in the report that the accused persons are the members of a gang and are found involved in capital offences of attempt to murder, loot and they have illegal weapons (Aslaha) and are active in the offences in District - Meerut.
The learned counsel for applicant has submitted that the present applicant is quite innocent and he has been falsely implicated under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 only on the basis of three cases shown in the gang chart, which does not show that the applicant has formed any gang or was a member of any gang and in the cases shown in the gang chart the accused applicant has been enlarged on bail, the bail orders are annexed to the affidavit filed in support of this bail application. It is also submitted that the applicant is a poor person and his family is at the verge of starvation after his arrest. Thereafter, the learned counsel submits that co-accused Sajeel and Pervez have already been granted bail and copies of their bail orders are submitted by the learned counsel for applicant, which are taken on record. It is further argued that the applicant is in jail since 07.10.2020 and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he does not dispute that co-accused have already been granted bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that he is on bail in all the cases shown in the gang chart, considering the co-accused have already been granted bail and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Aaleem involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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 Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 LBY