Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29888 of 2021 Applicant :- Rakesh Shivhare Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed on behalf of the applicant, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 07 of 2021, under Section 2/3 U.P. Gangster Act, Police Station Kuthond, District Jalaun.
Learned counsel for the applicant submits that in the gang-chart only one case has been mentioned against the applicant, in which he has been enlarged on bail by the co-ordinate Bench of this Court, which has been explained in Paragraph- 9 of the affidavit. Apart from the gang-chart, 19 more cases are registered against the applicant, out of which in 15 case he has been enlarged on bail, case under Section 3 of U.P. Goondas Act has come to an end, two cases under Section 110-G Cr.P.C. have also come to an end after 6 months of its initiation after submitting security bond, in Case Crime No. 581 of 2020 under Section 420 IPC and 60/63 Excise Act he has neither been named and nor charge-sheeted has been submitted, which has been explained in Para- 3 of the Supplementary affidavit. He further submits that co-accused Mansharam and Rajendra Singh Bhatiya Alias Kakey Sardar have been granted bail by co- ordinate Bench of this Court vide orders dated 23.02.2021 & 18.02.2021 in Criminal Misc. Bail Application Nos. 11539 of 2021 & 9092 of 2021, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 16.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant has a criminal history of 20 cases, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of accused on bail in the cases registered against him as well as enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rakesh Shivhare involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.d 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.9.2021 Israr