Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31896 of 2021 Applicant :- Anand Mohan Opposite Party :- State Of U.P Counsel for Applicant :- Dileep Kumar Singh,Manoj Gautam,Ram Surat Patel,Ramanuj Yadav Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Syed Imran Ibrahim
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Ramanuj Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No.71 of 2021, under Section 3(1) of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar Mohoba, District-Mahoba.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that two cases have been shown against the accused-applicant in the gang chart, in which the applicant is on bail. Copy of gang-chart is annexed as annexure-1 to the bail application and bail orders have been brought on record in supplementary affidavits filed in support of bail application. The applicant is in jail since 16.02.2021.
It is further submitted that similarly placed co accused Manish Chaubey, Chhatrapal Yadav, Vikram Singh, Ravi Shankar and Abhay Pratap Singh have already been released on bail by the co-ordinate Bench of this court on different occasions, therefore, the applicant is also entitled to be released on bail on the ground of parity.
On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Anand Mohan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 17.12.2021 SK Goswami Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.12.20 17:45:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad