Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3812 of 2019 Applicant :- Rajesh Kumar Kesarwani And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Utsav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Utsav, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State and also perused the record.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and they have committed no offence. It has been next contended that only 1 case each has been shown against the applicants in the Gang Chart annexed as Annexure-2, page 22 to the bail application and they are on bail in this case,which has been properly explained in paragraph no. 5 of the affidavit filed in support of the bail application.The applicants are in jail since 4.1.2019.Co-accused Anuraj Kumar Gupta @ Munim has already been granted bail by this Court on 21.3.2018, copy of bail order is annexed as Annexure no.5 to the bail application.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicants are entitled to be released on bail.
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicants- Rajesh Kumar Kesarwani and Dada Sheikh involved in Case Crime No. 80 of 2017, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Mau, District Chitrakoot be enlarged on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of theri absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial 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 shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 28.2.2019 IA