Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23963 of 2021 Applicant : Ishran And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.135 of 2020, under Section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Raja Ka Rampur, District Etah.
Learned counsel for the applicant submits that as per gang chart one case is mentioned against the applicants in which they have been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 3.6.2021, in Criminal Misc. Bail Application Nos.20124 of 2021 and 20130 of 2021. Apart from the case mentioned in gang chart, the applicants have no criminal history. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail and the applicants are languishing in jail since Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicants have criminal history of two more cases apart from the gang chart, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of the applicants on bail in the case mentioned in the gang chart, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Ishran and .. involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of 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 he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) 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 absence of the applicant is 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 him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 29.7.2021 m.a.
Digitally signed by Justice Ali Zamin Date: 2021.08.02 14:08:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad