Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37046 of 2021 Applicant :- Arif And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 1632 of 2021, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. - Indirapuram, District - Ghaziabad, is seeking enlargement on bail during the trial.
The FIR was lodged 28.06.2021 against the applicant, alleging involvement of the applicant in offences under the provisions of the U.P. Gangsters Act. The contention of learned counsel for the applicants is that in the gang chart appearing on page no. 14 of the affidavit, against the name of the applicant No. 1 five cases have been shown and against the name of the applicant No. 2 one case has been shown in which the applicants have already been granted bail and the bail orders are on page No. 16 onward to the paper book of this bail application. It is further contended that applicants are absolutely innocent and have been falsely implicated in the present case. It is also argued that co-accused Rizwan @ Nadeem who was assigned the similar role as was assigned to the present applicants, has already been released on bail and a copy of his bail order submitted by the learned counsel for the applicant is taken on record. Lastly, it is submitted that the applicant is in jail since 26.07.2021 and in case of being released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicants with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicants have been granted bail in all the cases shown against them in the gang chart, considering that co-accused assigned similar role has already been granted bail 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 applicants Arif and Asif involved in the aforesaid crime be released on bail on each of them 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 he 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 their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 27.10.2021 LBY