Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2991 of 2019 Applicant :- Irfaat And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Mishra, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicants that five cases have been shown against the applicants in the Gang Chart which has been annexed at page 30 of the affidavit filed in support of the bail application in which they been granted bail by the competent Court. The applicants are in jail since 26.8.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicants- Irfaat and Sajid involved in Case Crime No.721 of 2018 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Civil Line, District Aligarh be enlarged on bail on their executing personal bonds and furnishing two sureties (of Rs. two lakhs) each (one should of family member), each in the like amount to the satisfaction of the court concerned subject to the following condition:-
(i) The applicants shall file an undertaking to the effect that they 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 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 during trial 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 absence of the applicants are 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 them in accordance with law.
Order Date :- 22.1.2019 Dev/-