Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22870 of 2019 Applicant :- Panna Lal And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 21 of 2019, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Naugarh, District Chandauli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicants is that against applicant no. 1 there are two cases and against the applicant no. 2 and 3 there is one case and on the basis of those cases, the applicants have been implicated under the provisions of the Gangsters Act. It has been submitted that applicants have been granted bail in those cases. It has lastly been contended that the applicants are innocent; they are in jail since 08.04.2019 and, in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicants, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicant Panna Ram, Nakhadu Ram and Madhi be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(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. 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 :- 30.5.2019 Md Faisal