Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32781 of 2019 Applicant :- Nazre Husain And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the applicants has filed the photocopy of bail order passed in Criminal Misc. Bail Application Nos. 459 of 2019 (Jabbar vs. State of U.P.); 25354 of 2019 (Chand Khan vs. State of U.P.) and 30456 of 2019 (Manna vs. State of U.P.), are taken on record.
The instant bail application has been filed for bail of applicants, namely, Nazre Husain and Irfan involved in Case Crime No. 61/2018, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Uska Bazar, District Siddharth Nagar.
Heard learned counsel for the applicants; learned AGA for the State and peruse the record.
Learned counsel for the applicants has submitted that applicants are innocent and have been falsely implicated in this case. There is only one case against them in the gang-chart, wherein, the applicants have already been released on bail and copies whereof has been annexed to this petition. Learned counsel has further submitted that co-accused Nem Khan and Akram have already been enlarged on bail passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 9130 of 2019. Applicants are law abiding person and languishing in jail since 24.12.2018. If they are released on bail, they will never misuse their liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer but could not disputed the aforesaid facts as argued by the learned counsel for the applicants. Learned A.G.A. has further submitted that the applicants are also involved in five criminal cases, hence, they are not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicants-Nazre Husain and Irfan involved in the aforesaid case crime be released on bail on their furnishing a personal bond with two sureties (one should be of their family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
(v) 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 (iv) argument/judgement.
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.
Order Date :- 22.8.2019 Saurabh