1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.140 of 2019 under Section 2/3 of the U.P. Gangsters & Anti-Social Activities Prevention Act, 1986, Police Station Rampur Kalan, Sitapur.
3. Learned counsel for the accused-applicant submits that co-accused of the accused-applicant, Pappu Gautam, Mohd.Kaleem and Furqan, Rizwan @ NIyazuddin and Nizamuddin, having similar role, have been granted bail from this Court vide Bail Nos.10042 of 2019, 10210 of 2019, 10278 of 2019 and 10289 of 2019 respectively. He, therefore, submits that the accused-applicant is also entitled for bail on the ground of parity.
4. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
5. Let applicant, Mohd Shufiyan be released on bail in the aforesaid case on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant(s) shall file an undertaking to the effect that he/she 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(s) shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant(s) misuses the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant(s) 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(s) 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/her in accordance with law.
Order Date :- 29.11.2019 prateek