Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
Learned counsel for the applicant has submitted that only one case has been shown in the gang chart in which the applicant is on bail. It has also been submitted that the applicant is not involved in any anti-social activities. The applicant has no criminal history except the cases shown in the gang chart and in case, he is released on bail, he will not misuse the liberty of bail and will co-operate in trial. There is no chance of absconding and tempering with the witnesses. He further submits that the applicant is in jail since 08.04.2021.
Learned AGA has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Looking to the quantum of the punishment, nature of the offence and the period of detention in jail and also the fact that the applicant has been granted bail by the court below in the cases shown in the gang chart, this case is found to be a fit case for bail Thus, the present application is allowed.
Let the applicant Chingu @ Shivansh be released on bail in Case Crime No.198 of 2021, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Kotwali, District Sitapur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of 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 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 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 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 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 his bail and proceed against him in accordance with law.
Order Date :- 26.8.2021 akverma