Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37282 of 2019 Applicant :- Adrash Singh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Singh,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for applicant files supplementary affidavit and a photocopy of order dated 1.7.2019 passed in Cr. Misc. Bail Application No. 25436 of 2019 (Ankit Vs. State of U.P.), which are taken on record.
This bail application has been filed by applicant- Adrash Singh Patel for bail in Case Crime No. 160 of 2019, under Section 2/3 U.P. Gangster and Anti-social Activities Prevention Act, 1986, P.S.- Karvi Kotwali Nagar, District- Chitrakoot.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that in gang chart six cases have been shown against the applicant; in five cases, the applicant has been enlarged on bail whereas one case Crime No. 449 of 2018 is not related with applicant. In support of this fact, the questionnaire, issued by the office of Chief Judicial Magistrate, Chitrakoot, has been annexed with the supplementary affidavit. Co-accused Ankit has already been enlarged on bail. Applicant is neither a member nor leader of any gang. He is law abiding person and is languishing in jail since 7.3.2019. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Adrash Singh Patel, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
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 :- 30.9.2019 Vandana