Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7734 of 2018 Applicant :- Intjaar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Prasad,Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicants, Intijaar and Akash, who are involved in Case Crime No.35 of 2018, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Nai Mandi, District Muzaffar Nagar.
Learned counsel for the applicants has submitted that in the gang chart four cases each have been shown against the applicants and in all the cases applicants are on bail. Copies of three bail orders have been annexed as annexure no.2 to the affidavit and copies of remaining two bail orders are filed as annexure no. S.A.-2 to the supplementary affidavit. It has also been submitted that the applicants are not involved in any anti social activities and they have been falsely implicated. The copy of the gang chart has been annexed as Annexure- S.A.-1 to the supplementary affidavit. It is next contended that applicants have no criminal history other than the cases mentioned in the gang chart and they have been languishing in jail since 12.01.2018, and they undertakes that they will not misuse the liberty of bail, if granted.
Learned A.G.A opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicants, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the applicants, Intijaar and Akash be released on bail in Case Crime No.35 of 2018, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Nai Mandi, District Muzaffar Nagar on their furnishing personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions:-
(i). 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;
(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 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 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 their bail and proceed against them in accordance with law.
Order Date :- 27.2.2018 Radhika