Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30995 of 2021 Applicant :- Angad Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Rai Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed in the Court today, is taken on record.
Learned counsel for the applicant is permitted to delete the surname "Yadav" in the name of the applicant in the array of the parties during the course of the day.
Office is directed to delete the surname "Yadav" in the name of the applicant accordingly from the computer record.
Heard Mr. Prashant Rai, learned counsel for the applicant, Mr. Deepak Mishra, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Angad with a prayer to enlarge him on bail in Case Crime No. 95 of 2021, under Section 3 (1) U.P. Gangster L& Anti Social Activities (Prevention) Act, 1986, Police Station Nizamabad, District Azamgarh, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case only in order to harass him. It is further argued by learned counsel for the applicant that in the gang chart, two cases are shown against the accused-applicant, in which the applicant has already been enlarged on bail, copies of the bail orders have been enclosed as Annexure Nos. 3 and 4 to the affidavit accompanying the bail application. Apart from the above, there are two other criminal cases against the applicant, which have been satisfactorily explained in paragraph-6 of the supplementary affidavit. Learned counsel for the applicant has next submitted that the co-accused- Kallu @ Anil, who has already been granted bail by the another Bench of this Court vide order dated 18.08.2021 in Criminal Misc. Bail Application No. 31077 of 2021, copy of which order has been produced today in Court by learned counsel for the applicant, is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 01.07.2021. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant Angad involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
(i) 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.
(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.
It is clarified that the observations, if any, may in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
On acceptance of bail and personal bonds, the Lower Court shall transmit photostat copies thereof to this Court for being kept on record.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant, along with a self attested identify proof of the said person (s) (preferably Aadhar Card).
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 :- 22.9.2021 Monika