Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13682 of 2021 Applicant :- Rahishu Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri C.P. Singh, learned counsel for the applicant and the learned AGA for the State-respondent.
By means of this application, the applicant, Rahishu, who is involved in Case Crime No. 436 of 2020, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station Sector-39 Noida, District- Gautam Budh Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant contends that in respect of the solitary case mentioned in the FIR and the gang-chart, the applicant has been granted bail pursuant to the order dated 27.1.2020, passed by the IInd Additional Session Judge, Gautam Budh Nagar. It is submitted that one of the other co- accused Balendra, in the present criminal case, has already been enlarged on bail in terms of the order dated 26.11.2020 passed in Criminal Misc. Bail Application No. 41753 of 2020. Further submission is that apart from the aforestated case, the applicant has no criminal history and that in case he is enlarged on bail, he would not misuse the liberty of bail and would cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Rahishu, involved in the aforesaid case, 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:
(i) 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.
(ii) The applicant 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 applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 Cr.P.C. 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.
The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which 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.
It is clarified that the observations made in this order are limited to the purpose of consideration of this bail application and would in no way be construed as an expression on the merits of the case. The trial court shall be free to arrive at its independent conclusions on the basis of evidence led unaffected by any observation made in this order.
Order Date :- 8.4.2021 Shalini (Dr. Y.K.Srivastava,J.)