Heard learned counsel for the applicant and the learned AGA for the State-respondent.
The submission of the learned counsel for the applicant is that an FIR has been lodged on 01.11.2020 against the applicant and others under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act. The applicant has also filed a copy of the gang chart, copy of the which is Annexure No.2, wherein it has been indicated that four cases have been shown against the applicant and he has already been enlarged on bail in all the four cases shown in the gang-chart and copies of the bail orders have been annexed as Annexures No.3 to 6 with the bail application.
It has been stated by the applicant that he has falsely been implicated in this case and the applicant is neither a member of any gang nor is involved in any criminal or anti-social activities. The applicant has been languishing in Jail since 19.07.2020 and that there is no credible evidence by which the applicant can be implicated.
Learned A.G.A. has opposed the prayer for bail.
Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Mohd. Sajid @ Hafiz involved in Case Crime No.682/2020, under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Bachhrawan, District Raebareli be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(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.
(v) The applicant shall neither influence any witness nor tamper with any evidence after his release.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(viii) 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.
Order Date :- 5.4.2021 Rakesh/-