Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33886 of 2021 Applicant :- Belal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed by learned counsel for the applicants, today in the Court, is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.138 of 2021, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Gambhirpur, District Azamgarh.
Learned counsel for the applicants submits that as per gang chart one case has been shown against the applicants in which they have been granted bail by co-ordinate Bench of this Court, which has been explained in paragraph no.2 of the supplementary affidavit. It is further submitted that the applicants have no previous criminal history. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants are languishing in jail since 22.07.2021. Learned counsel has lastly contended that the co-accused Shamsuddin has already been enlarged on bail by this Court vide order dated 13.09.2021 passed in Criminal Misc. Bail Application No. 32731 of 2021, copy of the bail order has been produced before this Court and is taken on record.
Per contra, learned A.G.A. opposed the bail prayer of the applicants but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in the case mentioned in the gang chart, and enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants Belal and Helal, involved in aforesaid case crime be released on bail on their 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 applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants 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 applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them 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 for cancellation of bail.
Order Date :- 20.9.2021 S.Ali