Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38893 of 2019 Applicant :- Roshni Alias Sim And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the accused-applicants Roshni @ Sim, Sushma @ Astmi, Sonam and Reshma @ Nandni, who are involved in Case Crime No. 961 of 2018, under Section- 2/3 U.P. Gangster Act, P.S.- Jagdishpura, District- Agra.
The submission of learned counsel for the applicants is that there are four cases have been shown against the applicants in the gang chart in which applicants are on bail. He has further submitted that provisions of Gangster Act have been slapped only on the basis of aforesaid cases. If they are granted bail they will not misuse the liberty and will not indulge in any criminal activities.
It is submitted that applicants are in jail since 20.08.2019. In case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicants.
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.
Let the applicants (Roshni @ Sim, Sushma @ Astmi, Sonam and Reshma @ Nandni,) be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions:-
(i) applicants shall attend the court in accordance with the conditions of the bond executed.
(ii) applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and
(iii) applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv). The applicants shall cooperate with investigation /trial.
(v). The applicants shall file an undertaking to the effect that they 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.
(vi). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vii). In case, the applicants misuse the liberty of bail during trial in order to secure their presence proclamation under section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(viii). The applicants shall remain present, 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 applicants are 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 them in accordance with law.
Order Date :- 27.9.2019 Israr