Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43397 of 2021 Applicant :- Akash Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let the supplementary affidavit filed today in Court be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
By means of this application, the applicant who is involved in Case Crime No. 176 of 2021, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. - Tundla, District - Firozabad, is seeking enlargement on bail during the trial.
The FIR of this case was lodged against four named accused persons including present applicant Akash. It was alleged in the FIR by the complainant Shri Keshav Datt Sharma (Prabhari Nirikshak) that during the patrolling and checking of suspect persons and vehicles and investigation he came to know that Akash (applicant is gang leader in the range of the police station and nearby locality and Kuldeep, Ramakant, Babu Ji @ Ramhas are members of his gang. They have formed gang and are indulging in capital crime like loot etc. and due to their illegal activities there fear and terror is pervading among the public, which comes within the ambit of Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act.
The contention of learned counsel for the applicant is that there are only two cases shown in the gang chart against the name of the applicant, which are triable by the court of the magistrate and both these cases were slapped upon the present applicant on the same day he was arrested in the present case. It is also argued that in the both cases the applicant has been granted bail and the bail orders are annexed as Annexures No. 3 and 4 to this bail application. It is also submitted that he is a poor persons and after he was sent to jail, his family is at the verge of starvation. Lastly, it is submitted that the applicant is in jail since 15.07.2021 and in case of being released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that in the two cases shown in the gang chart the applicant has 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 Akash 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 :- 28.10.2021 LBY