1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is an application for bail in FIR/ Case Crime No. 139/2021 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Deeh, District Rae Bareli.
3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He has not committed any offence as alleged in the F.I.R.. He is in custody since 18.3.2021. He next submits that two cases have been shown in the gang chart (Annexure-2) against the applicant, wherein his name finds place at serial No.4. Learned counsel for the applicant submits that in the cases referred in the gang chart, the applicant is on bail. The bail orders are annexed as Annexure Nos.3 and 4 to the affidavit filed in support of the bail application. He further submits that there is no chance of absconding of the applicant or tampering with the prosecution witnesses. He lastly submits that in case the applicant is enlarged on bail, he will not misuse the liberty of the same.
4. Learned A.G.A has opposed the prayer for grant of bail, but could not dispute the other contention advanced by learned counsel for the applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed.
6. Let applicant (Hakeem @ Wakeel) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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 :- 26.8.2021 GK Sinha