Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3929 of 2018 Applicant :- Irshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Supplementary affidavit has been filed on behalf of applicant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicant, Irshad, who is involved in Case Crime No.642 of 2017, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Jansath, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that in the gang chart two cases have been shown against the applicant and in all the cases applicant is on bail. Copies of the bail orders have been annexed as annexure no.2 and 3 to the affidavit. It is next contended that as regards the other history the applicant is not involved in case crime no.167 of 2015, under Sections 3/5/8 of Cow Slaughter Act of which copy of chargesheet is filed as page 7 to the supplementary affidavit in which the name of the applicant has not been mentioned, regarding case crime no.167 of 2017, under Sections 138- B of Electricity Act in this case also the name of the applicant has not been mentioned, copy of FIR is on page 14 and copy of FR is on page 17 to the supplementary affidavit and in case crime no.225 of 2003, under Sections 3/8 of Cow Slaughter Act the applicant is on bail, copy of bail order is annexed at page 19 to the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure- 1 to the affidavit. The applicant has been languishing in jail since 06.01.2018, and he undertakes that he 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- applicant, 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 applicant, Irshad be released on bail in Case Crime No.642 of 2017, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station Jansath, District Muzaffar Nagar on his furnishing a 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 applicant shall file an undertaking to the effect that he 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 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 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 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.
Order Date :- 26.2.2018 Radhika