Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56511 of 2019 Applicant :- Maknu Bind Opposite Party :- The State Of U.P.
Counsel for Applicant :- Ram Manohar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Ram Manohar Kashyap, learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Maknu Bind, who is involved in Case Crime No. 661 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S.- Kotwali, District- Ghazipur.
Learned counsel for the applicant has submitted that in the gang chart three cases have been shown against the applicant and in all the cases applicant is on bail. The said fact has been mentioned in para 4 to the affidavit filed in support of bail application and the copies of the bail orders have been annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The accused- applicant is in jail since 27.08.2019.
Learned A.G.A. has opposed the prayer for bail.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Maknu Bind, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties (Rs. Two Lacs each) (One should be of a
family member) with the 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 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;
(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 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 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 :- 18.12.2019 Arti