Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45850 of 2018 Applicant :- Jeetpal Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Zafar Abbas, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that only one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure-2 to the affidavit filed in support of bail application and in the said cases, the applicant has been granted bail by this Court in Criminal Misc. Bail Application No. 42794 of 2018, copy of which has been produced. The applicant is not any member of any gang and he falsely been implicated in aforesaid gang chart as shown in the gang chart. It is further submitted that co- accused Jugendra has been released on bail in Criminal Misc. Bail Application No. 14073 of 2018. Further submission is that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 31.10.2017. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, severity of punishment, and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant-Jeetpal involved in Case Crime No.505 of 2017, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P. S.- Hayat Nagar, District- Sambhal, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 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 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 during trial 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.11.2018 Ram Murti