Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No.
- 24340 of 2019 Applicant :- Anil Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
A supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 0061 of 2019, under Section 3 (1) U.P. Gangsters & Anti- social Activities (Prevention) Act, 1986, Police Station Karanda, District Ghazipur, with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicants is that applicants- accused have been falsely implicated in the present case. In the Gang Chart, only one case has been shown against the applicants in which case they have already been granted bail, a copy of which has been filed along with present application; that criminal history of one more case was shown against applicants but in that case also they have been already granted bail as per the assertion made in the supplementary affidavit and that there is no material against the applicants to invoke the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. It is lastly argued that the applicants are in jail since 21.05.2019 and that in case applicants are enlarged on bail, they 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 and all the 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 the applicants Anil Yadav and Shyamsher Yadav involved in the aforesaid crime be released on bail on their furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse 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 them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants 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 their bail and proceed against them in accordance with law.
Order Date :- 14.6.2019 LBY