Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24348 of 2019 Applicant :- Sakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 809 of 2018, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badaut, District Bagpath, with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. In the Gang Chart, three cases were shown and in those cases he has already been granted bail, copies of which have been filed along with present application; that criminal history of one more case has been shown against the applicant under Arms Act in which he has been bailed out; and that there is no material against the applicant to invoke the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. It is further argued that the applicant is in jail since 07.04.2018 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Sakir involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to 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 may 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 :- 14.6.2019 LBY