The case is called out in e-Court.
Learned counsel Sri Amit Kumar Awasthi, Advocate appeared on behalf of the accused-applicant-Lachchhi @ Lachchiya who is involved in Case Crime No. 476 of 2020, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bheera, District Kheri. Learned Additional Government Advocate for the State is also present through video conferencing.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Additional District and Sessions Judge/Special Judge (Gangster Act), Kheri vide order dated 20.03.2021.
Learned Additional Government Advocate for the State to protest the bail plea on the basis of instructions and the copy of the case diary available with him.
Learned counsel for the accused-applicant submits that there are four cases (Case Crime No. 309 of 2020, under Section 307 IPC, PS Bheera, District Kheri, Case Crime No. 310 of 2020, under Sections 5/8 of the Prevention of Cow Slaughtesr Act, PS Bheera, District Kheri, Case Crime No. 282 of 2013, under Sections 3,5(Ka)8 of the Prevention of Cow Slaughter Act, PS Bheera District Kheri and Case Crime No. 375 of 2013, under Section 401 IPC, PS Bheera, District Kheri), shown at Serial No. 1 in the Gang-chart against the accused-applicant. In all the aforesaid case crime numbers, the accused-applicant has been enlarged on bail by learned court below. The bail orders are annexed as Annexure nos. 3, 4, 5 and SA-1 to the bail application respectively.
Learned counsel further contended that accused-applicant has no other criminal history to his credit. Further submission is that there is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail plea on the basis of instructions and case diary available with him but could not dispute the aforesaid facts as argued by the learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant-Lachchhi @ Lachhiya be released on bail in Case Crime No. 476 of 2020, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bheera, District Kheri, on his furnishing a personal bond worth Rs. 100,000/- (One lac) and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
Order Date :- 19.5.2021 kkv/