Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24866 of 2019 Applicant :- Kala And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey 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 him on bail in Case Crime No. 110 of 2019, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station Titavi, District Muzaffar Nagar.
Learned counsel for the applicants submit that according to prosecution version applicant has two cases of gang-chart in which he has already released on bail. There is no possibility of the applicants 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. Applicants are languishing in jail since 27.03.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants and has submitted that the applicants have committed the alleged offence, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Kala and Yusuf Budhaniya 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 they 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 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 misuses 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 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 them in accordance with law.
Order Date :- 21.6.2019 Swati