Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22750 of 2019 Applicant :- Manauvar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Kalim,Sabihul Akhlaq Ansari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Mohd. Kalim, learned counsel for applicant and the learned A.G.A.
Applicant No. 1 - Manauvar and applicant No. 2 - Israr @ Faudee seek bail in Case Crime No. 0324 of 2019, under Section 2/3 of U.P Gangsters and Anti-Social Activities (Prevention) Act, P.S. Deoband, District Saharanpur.
It is submitted that in the case encrypted in the gang-chart against both the applicants as well as Case Crime No. 135 of 2016 against the applicant No. 1 under Section 3/5/8 of Cow Slaughter Act, Police Station Deoband, District Saharanpur, particulars of which are mentioned in paragraphs - 4 to 5 of the affidavit, applicants have already been bailed out by this Court, bail orders are Annexure-3 to this application. It is also submitted that the applicant No. 2 having criminal history of two cases narrated in para - 6 of affidavit, has been granted bail by Court below. It is also submitted that the applicants are in jail since 24.04.2019, undertake not to misuse the liberty of bail, they be enlarged on bail.
Learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they 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 his 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 misuse 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 him in accordance with law.
Order Date :- 30.5.2019 LBY