Heard learned counsel for the applicant, 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.0533/ 2019, under Section 2/3 of U.P. Gangster (Prevention of Anti Social Activities) Act, 1986, Police Station Khiri, District Khiri.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He has not committed any offence. He is in custody since 17.5.2019. He next submitted that one case has been shown in the gang chart against the applicant bearing Case Crime No.278/2019 under Sections 302 and 201/34 IPC and Section 3 (2)(v) of SC/ ST Act registered at Police Station Khiri, District Khiri. Learned counsel for the applicant submits that in the said case, the applicant is on bail vide order dated 15.11.2019, passed in Criminal Appeal No.1898 of 2019 (Guddu @ Rizwan Ali Vs. State of U.P. and another) by this Court. The bail order is annexed as Annexure No.7 of the affidavit filed in support of the bail application. He next submitted that the co-accused of the gang chart have also been granted bail. The applicant is neither a gang member or the gang leader and there is no gang formed by the applicant and has no concern with the offence. He further submits that there is no chance of absconding of the applicant or tampering with the prosecution witnesses.
Learned A.G.A has opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed.
Let applicant (Rizwan Ali @ Guddu) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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 :- 29.11.2019 Gautam