Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 256 of 2020, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Lahchura, District-Jhansi during the pendency of trial.
It is submitted by the learned counsel for the applicants that according to the gang chart the applicant no. 1 is said to have been involved in two criminal cases, in which he has already been enlarged on bail by the court concerned and the copies of the same have been annexed as Annexure No. S.A.-1 to the supplementary affidavit. Similarly according to the gang chart the applicant no. 2 is said to have been involved in two criminal cases, in which he has already been enlarged on bail by the court concerned and the copies of the same have been annexed as Annexure No. S.A.-2 to the supplementary affidavit. Further, according to the gang chart the applicant no. 3 is said to have been involved in three criminal cases, out of which in two cases he has already been enlarged on bail by the court concerned and the copies of the same have been annexed as Annexure No. S.A.-2 to the supplementary affidavit. So far as third case against the applicant no. 3 being Case Crime No. 112 of 2012, under Sections 323, 504, 506, 323, 509 I.P.C. and Section 3(1)10 SC/ST Act is concerned, it is submitted that in the said case proceeding has been quashed by the co-ordinate Bench of this Court vide order dated 29.10.2018 in Application U/S 482 No. 33913 of 2018 (Annexure No. S.A.-3 to the supplementary affidavit). It is pointed out that apart from the cases shown in the gang chart the applicant no. 1 has a criminal history of one another case being Case Crime No. 136 of 2011, under Section 13 of Gambling Act, which has been disposed of after imposing fine upon the applicant and the copy of the same has been annexed as Annexure No. S.A.-1 to the supplementary affidavit. It is also pointed out that apart from the cases shown in the gang chart the applicant no. 2 has also a criminal history of one another case, in which the applicant has been granted bail and the copy of the bail order has been annexed as Annexure No. S.A.-3 to the supplementary affidavit. They have falsely been implicated in the present case due to police rivalry. They are not members of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are languishing in jail since 14.09.2020 and in case they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are members of gang and habitual of committing crime. In case the applicants are released on bail they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Deen Dayal @ Dine Bhagat, Pramod and Manoj be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants 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 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 during trial 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 absence of the applicants are 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 them in accordance with law.
(v) The applicants shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.2.2021 Sunil Kr. Gupta