Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2748 of 2018 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Third supplementary affidavit has been filed on behalf of applicant, which is taken on record.
Learned counsel for the applicant states that inadvertently case crime no.275 of 2016 has been shown against the applicant in the gang chart, whereas the case crime number is 274 of 2016 regarding which copies of FIR, chargesheet, committal order and remand sheet are filed in the third supplementary affidavit which shows that the correct case crime number is 274 of 2016.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicant, Deepak, who is involved in Case Crime No.446 of 2016, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Bishrakh, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that in the gang chart eight cases have been shown against the applicant and in all the cases applicant is on bail. Copies of four bail orders have been annexed as annexure no.2 to the affidavit and copies of remaining four bail orders have been filed as annexure no. S.A.-1 and 2 to the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure- 1 to the second supplementary affidavit. It is next contended that applicant has no criminal history other than the cases mentioned in the gang chart and he has been languishing in jail since 02.09.2016, and he undertakes that he 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 applicant, Deepak be released on bail in Case Crime No.446 of 2016, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Bishrakh, District Gautam Budh Nagar on his furnishing a 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 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 :- 26.2.2018 Radhika