Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38913 of 2021 Applicant :- Rajan Singh @ Chhotey Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Surnedra Prasad Shukla,Nilam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0350 of 2019, under Section 3(1) of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, Police Station - Parasurampur, District - Basti with the prayer to enlarge the applicant on bail.
The FIR was lodged 23.11.2019 against the applicant, alleging involvement of the applicant in offences under the provisions of the U.P. Gangsters Act. The contention of learned counsel for the applicant is that in the gang chart appearing on page no. 13 of the affidavit, against the name of the applicant only three cases have been shown in which the applicant has already been granted bail and the bail orders are annexed as Annexures No. 3, 4 and 5 to the paper book of this bail application. It is also submitted that the criminal history of other cases of the applicant has been explained in para - 7 of the affidavit of the bail application. It is further contended that applicant is absolutely innocent and has been falsely implicated in the present case. Lastly, it is submitted that the applicant is in jail since 23.11.2019 and in case of being released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that in the cases shown in gang chart the applicant has already been granted bail, considering that the criminal history of the applicant has been explained and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 25.10.2021 LBY