Heard learned counsel for the applicant and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicant, who is involved in Case Crime No.521 of 2018, under Sections 2 and 3 of the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, Police Station Kotwali City, District Hardoi. As per the version of the first information report, it comes out that the applicant along with several others is said to be operating a gang in the concerned district. Copy of the gang chart has been filed as Annexure-2 to the bail application. As per the Gang Chart, only one case has been indicated against the applicant namely Crime No.870 of 2017.
Learned counsel for the applicant contends that the applicant has been granted bail in the aforesaid case. Copy of the bail order has been filed as Annexure-3 to the bail application. It is thus contended that once the applicant has been granted bail in the aforesaid case consequently there cannot be any occasion for the applicant to remain in jail. Learned counsel for the applicant has also contended that the applicant has been confined in jail since 07.04.2021.
On the other hand, learned AGA has opposed the bail application but did not dispute the aforesaid position.
Having heard learned counsel for the parties and having perused the records what is apparent from perusal of the first information report is that the applicant was operating a gang. However in the gang chart only one case has been indicated against the name of the applicant in which he has already been enlarged on bail. Even otherwise, the applicant is in jail since 07.04.2021. Considering the aforesaid and the fact of the present COVID-19 situation prevailing in the State, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Prem Ballabh Bhatt, involved in the aforesaid crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 21.5.2021 A. Katiyar