Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49793 of 2021 Applicant :- Santosh Kumar Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Muktesh Kumar Singh,Ramkripal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the applicants, learned AGA and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No.0263 of 2021 under Section 3(1) of Uttar Pradesh Gangster & Anti Social (Prevention) Activities Act, 1986, Police Station-Ali Nagar, District-Chanduali, during pendency of trial.
According the the gang chart the applicants are said to have been involved in one criminal case in which they have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 09.09.2021 and 13.09.2021 in Criminal Misc. Bail Applications No.33478 of 2021 and 33673 of 2021. The applicants have falsely been implicated in the present case. The applicants are not the members of any gang. The applicants are languishing in jail since 09.10.2021, and in case they are enlarged on bail they will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants-Santosh Kumar Yadav and Vinod Yadav, involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.
(V) The applicants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants 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 them in accordance with law and the trial court may proceed against them under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison. The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.12.2021 SK Goswami (Suneet Kumar,J.)