Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51930 of 2019 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard Sri Deepak Rana, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant - Rahul with a prayer to enlarge him on bail in Case Crime No.227 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Tronika City, District Ghaziabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart three cases are shown against the accused applicant and in all the cases, mentioned in the gang chart, the applicant has already been granted bail. Copy of bail orders are annexed as Annexure 3 of the affidavit filed in support of bail application. It is next contended that apart from the cases mentioned in the gang chart, the applicant has no criminal history. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 29.03.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer of the applicant, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention Act), material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs.
State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
Order Date :- 26.11.2019 SK Srivastava