Heard learned counsel for the applicants and the learned AGA.
This bail application has been filed on behalf of the applicants involved in Case Crime No. 337 of 2016, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Maharajganj.
It is sought to be urged that as per gang chart, two cases have been roped on the applicants, and in both the cases, applicants are on bail. The applicants are in jail since 10.06.2016.
Learned AGA also could not dispute the aforesaid fact.
Considering the fact and circumstances of the case, to my view, it is a fit case for bail.
Let the applicants-Dileep Kumar Baruwar and Rajendra Baruwar be released on bail in the above case on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 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 them in accordance with law.
However, It is made clear that in case the applicants indulge in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 7.11.2016 APP