Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been moved on behalf of accused-applicant for grant of bail, in Case Crime No.330/2020, under Sections 2, 3(1) of U.P. Gangster & Prevention of Anti-Social Activities Act, 1986, Police Station Chanda, District Sultanpur.
The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the present case by the informant, who is the Station House Officer, Police Station-Chanda, District Sultanpur with the allegation that the applicant is the active member of gang and source of earning is by doing criminal activities. Learned counsel for the applicant further submits that the applicant was implicated in two cases, as mentioned in the gang chart and in Case Crime No.110 of 2020, under Sections 188, 269, 270, 332, 353, 504, 506/34 I.P.C, Section 3 of Epidemic Diseases Act, Section 57 Disaster Management Act, 7 Criminal Law Amendment Act & Section 3 (2) (va) SC/ST Act and Case Crime No.260 of 2017, under Sections 323, 504, 506 I.P.C., P.S. Chanda, District Sultanpur was lodged and investigation was conducted and charge-sheet was filed, but it was not in the knowledge of applicant and he has not received any summons. He further submits that the co-accused Shravan Singh has been enlarged on bail by co-ordinate Bench of this Court vide order dated 26.11.2020 passed in Bail No.9867 of 2020, learned counsel for applicant claims parity.
It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that the applicant is on bail in two cases.
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 merit of the case, I find it to be a fit case for granting bail.
Let applicant, Arun Pratap Singh @ Loha Singh be released on bail on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) 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.
(2) 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.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 25.2.2021 Shubhankar (Vivek Chaudhary, J.)