Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26843 of 2021 Applicant :- Mukhtiyar Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Mishra
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.39 of 2021, under Section 3(1) of the U.P.Gangsters & Anti-Social Activities Prevention) Act, 1986, P.S. Shahzadnagar, District Rampur.
Learned counsel for the applicant submits that as per gang chart, two cases have been shown against the applicant, out of which in one case arrest of applicant has been stayed by a co- ordinate Bench of this Court and in other case the co-ordinate Bench has stayed proceedings of the case. Apart from the cases mentioned in the gang chart applicant has criminal history of 16 cases out of which five cases are mentioned in para 15 of the affidavit filed in support of bail application, in which Case Crime No.1262 of 2009 is a police encounter case and other cases are of minor nature and in all cases he has been enlarged on bail and in para 3 of the supplementary affidavit 11 cases are explained, out of which Case Crime No. 284 of 2013 and 267 of 2015 are related to Section 307 IPC, in both the cases he has been acquitted by the trial court, copy of the orders are annexed at Page 12 onwards of the supplementary affidavit and in rest cases he has been enlarged on bail, which is explained in para 3 of the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 03.03.2021.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, stay of arrest and stay of proceedings in the cases mentioned in the gang chart as well as enlargement of applicant on bail in other cases registered against him, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mukhtiyar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.10.2021 MAA/-
Digitally signed by ALI ZAMIN Date: 2021.10.26 17:34:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad