In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1536 of 2018 Applicant :- Gore Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant had absconded from the trial in connection with case crime no. 240 of 2000 under Section 2/3 of U.P.Gangster and Prevention of Anti Social Activities Act, 1986, P.S. Raja Ka Rampur, District Etah and in the said FIR, three cases were shown in the gang chart against the applicant being case crime no. 272 of 1999, 271 and 1999 and 257 of 1999. The applicant had not appeared since 30.11.2015 in trial in connection with present case in question.
Learned counsel for the applicant contended that there were three cases, which were shown in the gang chart in question and in all those cases, the applicant has already been acquitted after facing the trial by the court below vide order dated 22.09.2004, 16.09.2004 and 18.09.2004 respectively passed in Sessions Trial No. 70 of 2000, 71 of 2000 and 69 of 2000. Further contention of the learned counsel for the applicant is that the applicant was away to Noida in search of livelihood and that is why he could not appear before the court below otherwise, he never intended to abscond from trial as he had already faced three trials shown in the gang chart.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties, and the fact that he has already been acquitted in the cases shown in the gang chart and on undertaking to participate and co-operate with trial and shall appear as and when required, I am of the view that the applicant should be admitted to bail.
Let the applicant Gore Lal involved in aforesaid case be released on bail on his executing a personal bond of 50,000/- and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
It is made clear that the applicant shall appear as per undertaking given before this Court.
It is further made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before bonds are accepted.
Order Date :- 23.3.2018 Sanjeev