Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52047 of 2019 Applicant :- Sarfaraz @ Fauzi Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No. 246 of 2019 under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Sherkot, District Bijnor.
Learned counsel for the applicant has submitted that one case have been shown in the Gang Chart and in the said case the applicant has already been released on bail. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated. The applicant is in jail since 6.11.2019.
Counter affidavit has been filed by learned AGA. From perusal of the first information report lodged under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 dated 29.9.2019 it is noticed that the reference of six cases has been mentioned for initiation of the proceedings under the Gangster Act. In the gang chart reference of one case has been given that relates to a case registered under Section 3/5/8(A) Cow Slaughter Act read with Section 11 of Prevention of Cruelty to Animal Act, 1960. On page 9 of the counter affidavit filed today a document is enclosed which is a letter issued by District Crime Record Bureau District Bijnor addressed to Station House Officer, Afzalgarh, District Bijnor. In para 2 of the said letter it is clearly mentioned that no case is registered against the applicant before 2002.
In view of the aforesaid, this Court finds that there are contradictory material placed by the respondent which needs to be properly investigated by the investigating officer.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Sarfaraz @ Fauzi be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with 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 shall 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 :- 17.12.2019 S.S.