Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15353 of 2021 Applicant :- Mohammad Sarfraj Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned Counsel for the applicant as well as learned A.G.A. through video conferencing and perused the record.
The accused- applicant is involved in Case Crime No. 391 of 2019, under Section 2/3 of the U.P. Gangster Act registered at Police Station G.R.P., District Mathura.
Learned counsel for the applicant has submitted that police initiated the prosecution against the applicant after his conviction and sentence served by him. It is further submitted that after serving the sentence by the applicant his prosecution under the Gangster Act is unlawful. It is further submitted that seven cases have been shown in the gang chart in which the applicant has already served the sentence and deposited the fine, photocopy of the receipt of the fine have been annexed as Annexure No. 3 with the bail application. It has also been submitted that the applicant is not involved in any anti-social activities. He further submits that the applicant is in jail since 13.09.2019.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicant Mohammad Sarfraj be released on bail in the aforesaid case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. 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.
2. 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.
3. 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The computer generated copy of such order shall be self attested by counsel of the party concerned.
6. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.5.2021 AKT Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 13:36:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad