Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33162 of 2021a Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.173 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Dakshin, District Firozabad.
Learned counsel for the applicant submits that as per gang chart two cases have been shown against the applicant in which he has been granted bail, which has been explained in paragraph no.5 of the affidavit accompanying the bail application. He further submits that apart from the cases mentioned in the gang chart, four more cases are registered against the applicant the applicant and in all the cases, he is enlarged on bail, which has been explained in paragraph no.4 of the supplementary affidavit. He next submits that the co-accused Vivek @ Vijay @ Veela, Sonu @ Karua, Kuldeep Kumar and Ajay Kumar have been granted bail by co-ordinate Benches of this Court as well as by this Court vide orders dated 24.06.2021, 25.08.2021, 07.09.2021, 08.09.2021 passed in Criminal Bail Application Nos. 22431, 26422, 27091, 33532 of 2021, copy of their bail orders have been produced before this Court and is taken on record. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 15.07.2021.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in the cases mentioned against him and enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Ajay involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(ii) 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.
(iii) 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. 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 Indian Penal Code.
(iv) 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.9.2021/S.Ali