Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17523 of 2019 Applicant :- Bhola Kurmi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit filed today by learned counsel for applicant is taken on record.
By means of this application the applicant Bhola Kurmi has prayed to release him on bail in Case Crime No. 45 of 2018, u/s 457, 380, 411, 413 I.P.C. and 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Trilokpur, District Siddharth Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. The cases shown in the gang chart were of those cases in which the applicant has already been enlarged on bail and copies of bail orders have been annexed with the supplementary affidavit. He was neither named in the F.I.R. nor there was any recovery from him, whereas co-accused Samay Prasad, from whom recovery was made, has been enlarged on bail by a coordinate Bench of this court vide order dated 26.11.2018 passed in Criminal Misc. Bail Application No. 34792 of 2018. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant-Bhola Kurmi involved in Case Crime No.45 of 2018, under Sections 457, 380, 411, 413 I.P.C. and Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Trilokpur, District Siddharth Nagar be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. One Lac each) (One should be of a family member) in the like amount to the satisfaction of the court concerned subject to the following condition:-
(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.
Order Date :- 26.4.2019 Pcl