The present bail application has been filed on behalf of the applicants Nizam Waris and Mohd. Zaid in Case Crime No.87 of 2021, under Section 3(1) of U.P.Gangsters and Anti Social Activities (Prevention) Act, Police Station Masauli, District Barabanki with the prayer to enlarge him on bail.
Heard Shri Farooq Ayoob, learned counsel for the accused-applicants and Mr. Ajay Kumar Srivastava learned A.G.A. appearing on behalf of the State through Video Conferencing in view of Covid-19 pandemic.
Learned counsel for the accused/applicant submitted that the accused applicants have been roped in, in the present criminal case only on the basis of two cases against the accused applicants shown in the gang chart and in both the cases, the accused applicants are on bail. The accused/applicants are languishing in jail since 23.4.2021. So the accused/applicants may be enlarged on bail.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application of the accused/applicants but did not dispute the fact that there are only two cases against the accused persons and they are on bail in both the cases.
Considered the submissions of both the sides and perused the record.
Considering all the facts and circumstances of the case, it appears just to enlarge the accused/ applicants on bail.
Application is allowed.
Let the accused applicants Nizam Waris and Mohd. Zaid involved in Case Crime No.87 of 2021, under Section 3(1) of U.P.Gangsters and Anti Social Activities (Prevention) Act, Police Station Masauli, District Barabanki be released on bail on their furnishing a personal bond and two sureties of Rs.50,000/- each in the like amount to the satisfaction of the court concerned with the 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 their counsel. In case of their absence without sufficient cause, the trial court may proceed against them 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 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 them in accordance with law.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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 :- 25.5.2021 Shukla