Chief Justice's Court
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21108 of 2019 Applicant :- Akbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Chandra Pandey,Imran Ullah,Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Govind Mathur,Chief Justice
This application under Section 439 Code of Criminal Procedure, 1973 is preferred to have release of accused Akbar on bail by furnishing adequate sureties and bail bonds.
The accused Akbar came to be arrested on 08.10.2017 in relation to commission of offence under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as "Act, 1986").
Suffice to mention that on basis of the first information report lodged on 30.10.2018, the arrest of the present accused is shown under the gang chart and at that time, he was already behind the bars being facing trial in some other matter. Subsequently, he was released on bail under the orders of this Court in earlier case.
The argument advanced by learned counsel for the applicant is that no police report has been filed so far before the Special Court created under Section 5 of the Act, 1986. It is further stated that the accused-applicant has already been released in all other cases which are relied upon by the prosecution in the gang chart concerned. According to learned counsel for the applicant, the trial Court while rejecting the bail application submitted by the accused-applicant has taken into consideration the other cases which are not part of the gang chart.
While opposing the application, learned Additional Government Advocate states that the accused-applicant is involved in several criminal cases and he is a habitual offender. The proceedings under the Act, 1986 have been initiated against him being gangster as defined under the Act, 1986. His arrest was warranted looking to the fact that in other matters, no person being fearful is coming forward to advance evidence against him. It is further pointed out that the term as per provisions of Section 19 of the Act, 1986 as given under Section 167 Code of Criminal Procedure, 1973 is one year and, therefore, non-filing of charge-sheet is of no consequence.
Heard learned counsels and considered the argument advanced.
True it is, under Section 19 of the Act, 1986, the term referred under Section 167 Code of Criminal Procedure, 1973 for the purposes of Act, 1986 is one year but it is always desirable to complete the investigation as soon as possible. In the instant matter, even on asking, the prosecution utterly failed to satisfy the Court as to why no charge-sheet has been filed though a period of more than nine months has already been passed.
Be that as it may, having considered all relevant facts including the reference of cases in the gang chart, I am inclined to grant the instant application. Accordingly, the same is allowed.
Let the applicant Akbar son of Nuruddin involved in Case Crime No. 1367 of 2018, under Section 2/3 U.P. Gangsters Act and Anti Social Activities (Prevention) Act, Police Station Dhoomanganj, District Allahabad be released on bail on his furnishing a personal bond of Rs. 2.5 lacs and two sureties each of the same amount with the following conditions which are being imposed in the interest of justice:-
(i) The applicant is required to report to the Station House Officer, Police Station Dhoomanganj, Allahabad alternative day from the date of his release.
(ii) 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.
(iii) 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.
(iv) 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.
(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 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.
Order Date :- 26.8.2019 Shubham .
(Govind Mathur, C.J.)