Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31804 of 2021 Applicant :- Billu Dujana @ Avanish Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
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 enlarged him on bail in Case Crime No. 457 of 2019, under Sections 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b)(vii), 2(b) (viii), 2(b)(xi), 2(b)(xii) & Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Badalapur, District Gautam Budh Nagar.
Learned counsel for the applicant submits that as per F.I.R. version, Anil @ Anil Dujana is a gang leader, who has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 05.11.2020 in Cri. Misc. Bail Application No.30876 of 2020. He further submits that he has criminal history of 35 cases. He further submits that seven more co-accused Ravi, Raje Chauhan @ Rajendra Chauhan, Vishal Kumar Rawat, Sanjay Bhati, Babbal @ Jitender @ Vishwakarma, Arvind @ Maya Jaat Arvind and Ankit Chaudhary have been granted bail by co-ordinate Benches of this Court vide orders dated 17.03.2020, 27.04.2020, 03.09.2020, 15.10.2020, 01.12.2020, 25.11.2020 and 22.01.2021 in Criminal Misc. Bail Application Nos.8124 of 2020, 6591 of 2020, 17254 of 2020, 31165 of 2020, 42175 of 2020, 40408 of 2020 and 2967 of 2021, respectively. Therefore, the applicant is entitled for bail on the ground of parity. He further submits that there is criminal history of 15 cases including present, which have been explained in Para 7 of the bail application as well as Para 5 of the supplementary affidavit, in which he has been enlarged on bail. 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. It is next contended that applicant is languishing in jail since 30.08.2017.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspect.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of the applicant on bail in cases registered against him as well as co- accused too on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Billu Dujana @ Avanish involved in aforesaid case crime be released on bail on his/her 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 for cancellation of bail.
Order Date :- 16.8.2021 Zafar