Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25780 of 2021 Applicant :- Harbhajan Opposite Party :- State of U.P.
Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
This bail application has been moved on behalf of accused- applicant who is involved in Case Crime No.196 of 2020 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station- Raksa, District-Jhansi.
Learned counsel for the applicant submitted that the applicant has been falsely implicated for offence against Gangster Act and the basis of single case as shown in the gang-chart and in which the applicant is already enlarged on bail, copy of the bail order is annexed in annexure no.2 in the affidavit. The applicant has no other criminal antecedents. The applicant who is in jail since 03.04.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. vehemently opposed the prayer for bail but could not disputed the aforesaid facts that only single case has been imposed of Gangster Act upon the applicant.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, without expressing any opinion on the merit of the case, let the applicant- Harbhajan involved in Case Crime No.196 of 2020 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station- Raksa, District-Jhansi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 C. MANI