Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34089 of 2021 Applicant :- Naresh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicants, learned A.G.A., for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case due to ulterior motive of the police concerned, the applicants are neither gang leader nor member of any Gang. It is next contended that three cases have been shown against the applicants in the Gang Chart which has been properly explained in paragraph 5 to 9, of the affidavit filed in support of bail application and other cases have been explained in the Supplementary Affidavit filed in this case. It is next contended that without any consideration of evidence by the police which may show that the applicants are member of a criminal gang or its leader, applicants have been implicated in the present crime. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicants either fleeing away from the judicial process or tampering with the witnesses. Applicants are in jail since 11.05.2021, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the facts and circumstances of the case, keeping in view the submissions advanced and the provisions for Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory of punishment, and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants- Naresh and Neeraj, involved in Case Crime No. 159 of 2021, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Surir, District- Mathura, be enlarged on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them, in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 28.10.2021 ssm