Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7528 of 2018 Applicant :- Awdhesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Awdhesh Kumar, who is involved in Case Crime No. 540 of 2016, under Section 3(i) U.P. Gangster and Anti Social, Activities Prevention Act, 1986, P.S.- Ajitmal, District- Auraiya.
Learned counsel for the applicant has submitted that in the gang chart only one case has been shown against the applicant in which he is on bail. Copy of the bail order has been annexed as Annexure- 3 to the affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure- 2 to the affidavit. It is next contended that applicant has no criminal history and he has been languishing in jail since 16.05.2017, and he undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused- applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Awdhesh Kumar, be released on bail in Case Crime No. 540 of 2016, under Section 3(i) U.P. Gangster and Anti Social, Activities Prevention Act, 1986, P.S.- Ajitmal, District- Auraiya, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the 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 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;
(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 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 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.
Order Date :- 27.2.2018 Ujjawal