Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sangamlal in Case Crime No.391 of 2020, under Section 2/3(1) U.P. Gangster Act, Police Station-Dhammaur, District-Sultanpur.
The submission of learned counsel for applicant is that applicant is an innocent person and has been falsely implicated in the case. It is further submitted that on behalf of applicant only one case has been shown in the gang chart being Case Crime No.208 of 2020, under Section 419, 420, 467, 468, 471, 272 I.P.C. and Section 60 of Excise Act, Police Station Dhammaur, District-Sultanpur and in the same the applicant has already been granted bail, copy of bail order is annexed as annexure-3 to the affidavit accompanying the bail application. It is next contended by learned counsel for the applicant that the similarly situated co-accused namely, Santosh Kumar Yadav has been granted bail by Co-ordinate Bench of this Court on 05.02.2021 passed in Criminal Misc. Bail Application No. 1541 of 2021, photo copy of which order has been produced before this Court and is taken on record and case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 31.12.2020.
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 applicant.
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 applicant Sangamlal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) 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.
(2) 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.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 24.2.2021 Arti/-
(Vivek Chaudhary,J.)