Heard learned counsel for applicant and learned A.G.A. and perused records.
The present bail application has been filed by the applicant Rahul Srivastava in Case Crime No.617/2020 under Section 2/3 Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS Beniganj, distt. Hardoi.
Submission of learned counsel for applicant is that in the gang chart, three cases are shown against the applicant as Case Crime No.176/2020 under Section 379, 411 IPC, PS Beniganj, distt. Hardoi, case crime No.494/2020 under Section 379, 411 IPC PS Beniganj, distt. Hardoi and Case Crime No.495/2020 under Section 411/413 IPC PS Beniganj, distt. Hardoi and in all the cases, the applicant has been enlarged on bail. Bail orders passed by Court below, are annexed to the bail application as Annexure No.3, 4 and 5. Learned counsel for applicant further submits that the applicant is falsely implicated in the present case with ulterior motive. He further submits that in the present case, no case is made out against the applicant. He further submits that the applicant is in Jail since 29.9.2020.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant Rahul Srivastava be released on bail in the aforesaid case crime number on his 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:-
(1) 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.
(2) 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.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 23.2.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)