Heard learned counsel for the accused-applicant, learned AGA for the State and perused the material available on record.
The present bail application has been filed by the accused-applicant who is involved in Case Crime No. 63 of 2019, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Dalmau, District Raebareli.
The instant bail application has arisen on rejection of the bail application of the accused-applicant by Additional Sessions Judge-V, Raebareli on 24.07.2019 on the ground of involvement of the accused-applicant in several offences, as reported in the Gang Chart.
The submission of learned counsel for the accused-applicant is that the accused-applicant is innocent person and has been falsely implicated in the case and is in jail since 22.02.2019. It is further submitted that four cases i.e. Case Crime No. 45 of 2019, under Section 394 IPC, Case Crime No. 46 of 2019, under Section 3/25 Arms Act, Case Crime No. 122 of 2018, under Sections 307/394 IPC and Case Crime No. 299 of 2018, under Section 392 IPC. have been shown against the accused-applicant in the gang chart and in all the cases, he has been enlarged on bail. Learned counsel further submits that all the four cases are registered against the accused-applicant in police station Dalmau and Lalganj, District Raebareli in a short span of time commencing from 23.02.2019, 08.03.2019 and 12.03.2019. He furthermore submits that co-accused Mahesh Kumar Yadav has already been enraged on bail by this Court vide order dated 31.07.2019 passed in Bail No. 7325 of 2019. In these circumstances, the present applicant is also entitled for bail.
Learned AGA has opposed the prayer for bail, but has fairly conceded that in all the cases, mentioned in the gang chart, the accused-applicant is on bail.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Rajjan Lal Lodh 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 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 :- 26.8.2019 kkv/