Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56671 of 2019 Applicant :- Banti Opposite Party :- State of U.P.
Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Paritosh Sukla, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I, for the State.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive of the police concerned, the applicant is neither gang leader nor member of any Gang. It is next contended that four cases have been shown against the applicant in the Gang Chart and in the said three cases, the applicant has been granted bail which has been properly explained in paragraph 7 of the affidavit filed in support of bail application and the bail order of the fourth case has been annexed in the Supplementary Affidavit filed today and apart from cases shown in Gang Chart in other case also applicant has been granted bail which has been explained in paragraph 9 of the affidavit filed in support of bail application. It is further contended that co-accused persons namely Sanjay and Salman @ David have been granted bail by another Benches of this Court vide order dated 7.6.2019 and 12.7.2019 passed in Crl. Misc. Bail Application No. 23689 and 27922 of 2019 respectively. It is further contended that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 23.4.2019, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.
Keeping in view the submissions advanced and the provisions for Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory of punishment, and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant- Banti, involved in Case Crime No. 92 of 2019, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Akrabad, District- Aligarh, 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 subject to 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.12.2019 ssm