Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40783 of 2020 Applicant :- Kala Alias Aftab And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is next submitted that one case has been shown against the applicant no.1, two cases against the applicant no.2 and three cases against the applicant no.3 in the Gang Chart and in the said cases, the applicants have been granted bail, copies of the bail orders have been annexed as Annexures- 3 to 8 to the affidavit & supplementary affidavit filed in support of bail application. It is further submitted that applicant no.1 is having 5 other cases in which he has already been enlarged on bail. There are cases under Arms Act against the applicants, which are not counted for the purpose of imposing Gangster Act. It is also submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 20.7.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Kala Alias Aftab, Mahtab and Shahid, involved in Case Crime No. 82 of 2020, under Section- 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Phugana, District- Muzaffar Nagar be released on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. are 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.
6. 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.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail come to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.1.2021 Junaid Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 16:46:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad