Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30358 of 2019 Applicant :- Rajesh Harijan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rawati Raman Pathak Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 180 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ghorawal, District-Sonbhadra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and that there was no material to invoke the provision of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 against the applicant. It was stated that in the gang chart, criminal history of only one case was shown against the applicant, in which he has already been granted bail vide order dated 29.08.2018 passed by the learned Sessions Judge, Sonbhadra. It was argued that applicant has no criminal history except one case. It has been further submitted that applicant is languishing in jail since 29.06.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 applicants and all the 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.
Let the applicant Rajesh Harijan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount 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 applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, 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 them in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 T.S.