1. Heard Sri Dileep Kumar Yadav, learned counsel for the applicant as well as learned Additional Government Advocate appearing for the State of U.P.
2. The instant bail application has been filed on behalf of applicant with prayer to release him on bail in pursuance to Case Crime No. 548 of 2020, U/S 2/3 U.P. Gangster Act, P.S. Biswan, District - Sitapur.
3. Learned counsel for the applicant has submitted that in the four cases have been shown to be registered against the applicant i.e. Case Crime No. 396 of 2020, Under Sections 457/380/411 I.P.C. at Police Station Biswan, Case Crime No. 434 of 2020, Under Sections 457/380/411 I.P.C. at Police Station Biswan, Case Crime No. 454 of 2020, Under Sections 457/380/411 I.P.C. at Police Station Biswan and and Case Crime No. 277 of 2020, Under Sections 457/380/411 I.P.C. at Police Station Biswan.
4. It has further been submitted on behalf of applicant that he is on bail in all the aforementioned cases and the copies of bail orders of all the cases have been annexed as Annexure No. 2 to the petition.
5. Learned counsel for the applicant further submits that the applicant is in jail since 20.08.2020 and further that he is on bail in all the cases shown against him. He next submits that the applicant undertakes that he will not indulge in any criminal activity or misuse the liberty of bail, therefore, the applicant is entitled to be released on bail.
6. Learned Additional Government Advocate though opposed the bail application but fairly conceded that the applicant is on bail in all the cases shown against him.
7. Heard learned Counsel for the applicant and perused the record.
8. From perusal of record, it reveals that applicant is on bail in all the cases shown against him, I am of the view that the applicant deserves to be released on bail.
9. Let the applicant Roj Ali be released on bail, involved inCase Crime No. 548 of 2020, U/S 2/3 U.P. Gangster Act, P.S. Biswan, District - Sitapur be released on bail on his furnishing a personal bond of Rs.25,000/- and furnish two reliable sureties to the satisfaction of the Court concerned on the following conditions:
(i) The applicant shall file an undertaking to the effect that she would 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 her 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 her 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 her 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 her in accordance with law.
10. The bail application stands disposed of.
(Alok Mathur, J.) Order Date :- 25.1.2021/Ravi/