Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7554 of 2018 Applicant :- Chhotku @ Pankaj Yadav And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Harsh Narayan Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Heard learned counsel for the applicans, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicants, Chhotku @ Pankaj Yadav and Bauwa @ Vinay, who are involved in Case Crime No.03 of 2018, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Girwan, District Banda.
Learned counsel for the applicants has submitted that in the gang chart six cases have been shown against the applicant no.1 and four cases against the applicant no.2 and in all the cases applicants are on bail. Copies of the bail orders have been annexed as annexure nos.3 to 8 to the affidavit. It has also been submitted that the applicants are not involved in any anti- social activities and they have been falsely implicated. The copy of the gang chart has been annexed as Annexure- 2 to the affidavit. It is next contended that applicants have no criminal history other than the cases mentioned in the gang chart and they have been languishing in jail since 03.01.2018, and they undertake that they will not misuse the liberty of bail, if granted.
Learned A.G.A opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused- applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the applicants, Chhotku @ Pankaj Yadav and Bauwa @ Vinay be released on bail in Case Crime No.03 of 2018, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Girwan, District Banda on their furnishing personal bond and two reliable sureties each in 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 shall not seek any adjournment on the dates fixed for evidence and 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 their 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 misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
Order Date :- 27.2.2018 Radhika