Supplementary affidavit filed today by learned counsel for the accused-applicant is taken on record.
Heard learned counsel for the accused-applicant, learned Additional Government Advocate for the State and perused the material available on record.
The present bail application has been filed by the accused-applicant who is involved in Case Crime No. 141 of 2019, under Sections 2/3 of U.P. Gangster Act, Police Station Bachhrawan, District Raebareli.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Vth Addl. Sessions Judge, Raebareli vide order dated 17.09.2019.
Learned counsel for the accused-applicant submits that there are two cases i.e. Case Crime No. 728 of 2018, under Sections 147, 148, 149, 307, 302, 504 IPC read with Section 7 of Criminal Law Amendment Act and Case Crime No. 109 of 2019, under Sections 504, 506 IPC, shown at Serial No. 2 against the accused-applicant in which he has been granted bail. In Case Crime No. 728 of 2019, the accused-applicant has been granted bail by a Co-ordinate Bench of this Court vide order dated 30.08.2019 passed in Bail No. 7314 of 2019, annexed as Annexure no. 7 to the bail application. In Case Crime No. 109 of 2019, the accused-applicant has been granted bail by court below, the bail order is annexed as Annexure No. SA-1 to the supplementary affidavit filed today. Learned counsel further submits that co-accused, namely, Shakeel has already been granted bail by a Co-ordinate Bench of this Court vide order dated 17.04.2019 passed in Bail No. 3918 of 2019. He has further contended that accused-applicant has no other criminal history to his credit. Further submission is that there is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the accused-applicant.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant-Dharmendra Mishra @ Pappu Mishra be released on bail in Case Crime No. 141 of 2019, under Sections 2/3 of U.P. Gangster Act, Police Station Bachhrawan, District Raebareli, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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.
Order Date :- 30.9.2019 kkv/