Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45298 of 2021 Applicant :- Arkan Opposite Party :- State of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.198 of 2021, under Section 3(1) of U.P. Gangster Act & Anti-Social Activities (Prevention) Act, 1986, Police Station- Asmoil, District- Sambhal.
Learned counsel for the applicant contended that in the gang chart only one case has been shown in which the accused- appellant has been granted bail, copy of the said order is annexed as Annexure No.3 to the bail application. Learned counsel for the applicant submitted that co-accused Shoaib has been granted bail on identical case by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.39744 of 2021 vide order dated 23.10.2021. Learned counsel for the applicant further submitted that accused is on bail in the cases shown in criminal history and it has been explained in the affidavit. The applicant is innocent and has been falsely implicated in the present case. The applicant who is in jail since 02.09.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. opposed the prayer for bail but not disputed the aforesaid facts.
Considering the rival contentions of the parties, the material on record, attending circumstances and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Arkan involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 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 his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.10.2021 Krishna* Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.10.29 16:32:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad