The present bail application has been filed on behalf of the applicant in Case Crime No. 342 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rampur Mathura, District Sitapur, with the prayer to enlarge him on bail.
Heard Mr. Rajiv Raman Srivastava, learned counsel for the accused-applicant and Mr. Ajay Kumar Srivastava, learned A.G.A. appearing on behalf of the State through Video Conferencing in view of Covid-19 pandemic.
Learned counsel for the accused/applicant submitted that accused/applicant has been roped-in, in the present criminal case only on the basis of one case shown in the gang chart and in that case too the accused/applicant is on bail. The accused/applicant is in jail since 04.12.2020, so he may be enlarged on bail.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application of the accused/applicant but did not dispute the fact that only one case has been shown in the gang chart against the accused/applicant and in that case accused /applicant is on bail.
Considering all the facts and circumstances of the case without commenting on merit and also keeping in view the fact that accused/applicant is languishing in jail since 04.12.2020, I am of the view that the applicant has made out a fit case for bail.
Let the applicant Bhandari @ Jiyauddin involved in Case Crime No. 342 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rampur Mathura, District Sitapur, be released on bail on his furnishing a personal bond and two sureties of each in 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 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.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 27.5.2021 A.K. Singh