Heard learned counsel for the applicant, learned AGA and perused the record.
The applicant seeks bail in Case Crime No.155 of 2020 under section 2/3 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. G.R.P. Charbagh, Lucknow District Lucknow.
Learned counsel for the applicant has submitted that the applicant is innocent and he has not committed the offence, as alleged. It is submitted that three cases have been shown in the Gang Chart and in all the cases, the applicant has been granted bail by the court below. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated. The applicant is in jail since 22.08.2020 and he has no previous criminal history except the cases shown in the Gang chart. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
Looking to the quantum of the punishment, nature of the offence and the period of detention in jail and also the fact that the applicant has been granted bail by the court below in the cases shown in the gang chart, this case is found to be a fit case for bail.
Thus, the present application is allowed.
Let the applicant Rinku Rathour @ Ravi be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court concerned with 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 applicant misuses the liberty of bail 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.
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 him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.
Order Date :- 24.8.2021 VNP/-