Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37042 of 2021 Applicant :- Ashwani @ Prince Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar,Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
By means of this application, the applicant who is involved in Case Crime No. 260 of 2021, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Baraut, District - Baghpat, is seeking enlargement on bail during the trial.
The FIR was lodged on 8.4.2021 against the applicant as well as seven other accused persons, alleging involvement of the applicant in offences under the provisions of Section 2/3 of the U.P. Gangsters Act. The contention of learned counsel for the applicant is that in the gang chart appearing on page no. 16 of the affidavit, against the name of the applicant only one case has been shown in which the applicant has already been granted bail and the bail order is annexed as Annexure No. 3 to the paper book of this bail application. It is further contended that applicant is absolutely innocent and has been falsely implicated in the present case. It is also argued that four co-accused persons have already been released on bail and copies of their bail orders are on page No. 22 to 28 of this bail application. Lastly, it is submitted that the applicant is in jail since 07.07.2021 and in case of being released on bail, he 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 applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicant has already been granted bail in the case shown against him in gang chart, considering that co-accused of similar and identical role has already been released on bail and considering all other 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 applicant Ashwani @ Prince involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant 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 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;
(3). In case, the applicant misuses 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 him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
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