Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28531 of 2017 Applicant :- Mohd. Sabir Opposite Party :- State Of U.P. Counsel for Applicant :- Anwar Ali Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No. 293 of 2008, under Section 2/3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station- Bansdih Kotwali, District- Ballia.
The contention raised on behalf of the applicant is that the applicant could not appear before the court below as the case stand transferred from Azamgarh to Ballia vide order dated 3rd March, 2012. The order sheet which has been annexed with the affidavit filed in support of the bail application clearly shows that on 22nd March, 2012 the case had been directed to be registered in Ballia and summons were directed to be issued to the applicant. Surprisingly enough, on 21st May, 2012, the court below issued bailable warrant for non-appearance of the accused and thereafter continuously bailable warrants were issued. On 23rd November, 2012 non-bailable warrant was issued to the accuse but nowhere it has come on record that summons which had been directed to be issued on 22nd March, 2012 were served upon the accused or not and no report in this regard was brought to the notice of the court below nor, the court has recorded any satisfaction of service of summons.
Learned Additional Government Advocate has, however, opposed the prayer for grant of bail but could not controvert the order sheet which has been brought on record and in which there is no satisfaction recorded regarding service of summons upon the accused.
Under the aforesaid facts and circumstances of the case and the arguments advanced by the learned counsel for the applicant, but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant- Mohd. Sabir involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, the court below will be at liberty to cancel the bail.
It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 Atmesh