Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23504 of 2021 Applicant : Baniyan Opposite Party :- State of U.P.
Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.100 of 2020, under Section 2/3 U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Rijaur, Distrcit Etah.
Learned counsel for the applicant submits that as per gang chart, two cases are registered against the applicant which have been explained in para 7 and 8 of the affidavit filed in support of the bail application and in one of the case he has been enlarged on bail from the court below vide order dated 17.4.2021. Apart from the case mentioned in the gang chart the applicant has criminal history of two more cases in which he has been enlarged on bail by the court below which has been explained in para five of the supplementary. He further submits 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 and the applicant is languishing in jail since 23.6.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant has criminal history of two more cases apart from the gang chart, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of applicant on bail in the case registered against him, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Baniyan involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when 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 during trial 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 29.7.2021 m.a.
Digitally signed by Justice Ali Zamin Date: 2021.08.02 14:05:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad