Heard learned counsel for the applicant and learned AGA for the respondent State.
This is first bail application filed by the applicant under Section 439 Cr.P.C. in Case Crime No.728 of 2019 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Kotwali Nagar, District Ayodhya (Faizabad).
The following cases have also been registered against the applicant:
i) Case Crime No.335/2019 under Section 392 and 411 IPC at Police Station Kotwali Nagar, District Ayodhya, wherein charge sheet No.290/2019 dated 09.06.2019 and charge sheet No.290-A/2019 dated 29.07.2019 has been filed, in which he has been released on bail vide order dated 24.05.2019 passed by learned court below.
ii) Case Crime No.336/2019 under Sections 392 and 411 IPC at Police Station Kotwali Nagar, District Ayodhya, wherein charge sheet No.311/2019 dated22.06.2019 and charge sheet No.311-A/2019 dated 25.07.2019 has been filed, in which he has been released on bail vide order dated 03.06.2019 passed by learned court below.
iii) Case Crime No.338/2019 under Sections 411, 414, 420, 467, 468 and 471 IPC at police station Kotwali Nagar, District Ayodhya, wherein charge sheet No.310/2019 dated 21.06.2019 and charge sheet No.310-A/2019 dated 25.07.2019 has been filed, in which he has been released on bail vide order dated 03.06.2019 passed by learned court below.
The allegation against the applicant is that he in collusion with his gang members snatches mobile phones etc. due to which local residents are afraid of.
Learned counsel for the applicant submitted that in the aforesaid three cases the applicant has been granted bail, however, in the present case he has been falsely implicated. He, therefore, submitted that the applicant is entitled for enlargement on bail.
On the other hand, learned A.G.A opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed.
Let applicant (Anshu Srivastava) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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.
Order Date :- 18.12.2019 Adarsh K Singh