Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12231 of 2021 Applicant :- Rajesh Mishra @ Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and the 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.129 of 2020, under Section 2/3 of Uttar Pradesh Gangster and Anti- Social Activities (Prevention) Act, 1986, Police Station Mugal Sarai, District Chandauli with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in four criminal cases out of which one case being Case Crime No.314 of 2019 has wrongly been shown against the applicant. In Case Crime No. 375 of 2019 he has already been enlarged on bail by the court concerned. In Case Crime Nos. 30 of 2019 and 87 of 2020 he has been enlarged on bail by coordinate Bench of this Court vide orders dated 8.2.2021. It has further been submitted that out of the cases mentioned in the gang chart, four other cases are also pending against the applicant in which he has already been enlarged on bail. It has also been contended that applicant is innocent and has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tempering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It has been further submitted that the applicant is in jail since 4.3.2020.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Rajesh Mishra @ Sonu 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:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicant may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.4.2021 SKM