Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 670 of 2010, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police station Dakor, District Jalaun during the pendency of trial.
It is submitted by learned counsel for the applicant that on 22.12.2011 applicant was granted bail in the present case crime, thereafter, he had regularly attended the trial court at Jhansi upto 03.03.2012. It is also submitted that vide notification dated 06.02.2012, Special Court has been constituted in District Jalaun at Urai, thereafter, the record of the trial court was transferred on 17.03.2012 to the concerned Special Court constituted in district Jalaun. It is next submitted that applicant did not appear before the trial court from 25.06.2012 and as such, he is absconding in the present case and surrender on 10.02.2020.
The main substratum of argument of learned counsel for the applicant is that since in the year 2012 after constitution of special court in district Jalaun at Urai, the record of the trial court has been transferred from Jhansi to Urai and applicant was not aware about the said transfer. On account of this reason, he could not appear before the trial court. It is next submitted that non appearance of the applicant was not deliberate but on account of the aforesaid reason. It is further submitted that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 10.02.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but does not dispute the factual aspect of the matter as argued by learned counsel for the applicant.
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 applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dhansu @ Pradeep Yadav 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 applicant 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 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.
(v) The applicant 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 :- 18.2.2021 P.S.Parihar