Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30616 of 2019 Applicant :- Krishna Kushwaha And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Singh,Indresh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 22 of 2018, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Shakti Nagar,, District Sonebdadra, with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case; that there is no material against the applicant to invoke U.P. Gangster and Anti Social Activities (Prevention) Act; Earlier arrest of the applicant was stayed by this Court till the submission of chargesheet vide the order dated 31.102017 passed by this Court in Criminal Miscellaneous Writ Petition No. 22210/2018 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and he is languishing in jail since 15.07.2019.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Krishna Kushwaha and Kamlesh Kushwaha involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(1). The applicants 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.
(2). The applicants 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.
(3). In case, the applicants 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 his bail and proceed against him in accordance with law.
Order Date :- 31.7.2019 Sachin