Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30712 of 2019 Applicant :- Imran And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 400 of 2019, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali nagar, District Bulandshahr with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case; that there is no material against the applicant to invoke U.P. Gangster and Anti Social Activities (Prevention) Act; that in the gang chart one case has been shown against the applicant no.1 Imran and one case has been shown against the applicant no.2 Rafeeq, in which they are already on bail and that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial and they are languishing in jail since 01.04.2019.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Imran and Rafeeq involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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.
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through his 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.
(3). In case, the applicants misuse the liberty of bail and in order to secure his 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 may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 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 them in accordance with law.
Order Date :- 31.7.2019 A. Tripathi