Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56683 of 2019 Applicant :- Mohd. Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Vijayendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
It has been contended by the learned counsel for the applicant that the co- accused Hamja Salim and Mohd. Asad Khan @ Arshad Khan having similar role have been granted bail by this Court vide orders dated 21.05.2019 and 11.06.2019 in Criminal Misc. Bail Application Nos. 20529 of 2019 and 23929 of 2019, a copy of said orders have been annexed as Annexure No. 3 to the affidavit and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 22.11.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant- Mohd. Ali involved in Case Crime No. 131 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Khuldabad, District Allahabad be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. Two Lacs each) (One should be of a family member), subject to the following condition:-
(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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 19.12.2019/Arti