Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53105 of 2019 Applicant :- Rohit Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
The accused applicant is involved in Case Crime No.621 of 2019, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Rohaniya, District Varanasi.
Learned counsel for the applicant has submitted that two cases have been shown in the gang chart in which the applicant is already on bail. It has also been submitted that the applicant is not involved in any anti-social activities. The applicant is in jail since 05.10.2019. In case the applicant is released on bail, he shall not misuse the liberty of bail.
Learned AGA has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let applicant- Rohit Bind be released on bail in the aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.
Order Date :- 29.11.2019 A.Kr.*