1. Heard Mr. Dharmendra Kumar, learned counsel for the applicants as well as learned Additional Government Advocate appearing for the State of U.P.
2. The instant bail application has been filed on behalf of applicants with prayer to release them on bail in pursuance to First Information Report dated 25.4.2020, registered as Case Crime No.156 of 2020, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Ramsanehighat, District Barabanki.
3. Learned counsel for the applicants has submitted that in the gang chart (Annexure-2 to the application) three cases have been shown to be registered against the applicants i.e. Case Crime No.201 of 2018, under Section 379 of I.P.C., police station Ramsanehighat, District Barabanki (against both the applicants), case crime No.346 of 2018 under Section 379/411 of IPC, P.S. Ramsanehighat, District Barabanki (against applicant No.2), Case Crime No.207 of 2019, under Sections 379/411 of I.P.C. at same police station (against applicant No.1), and Case Crime No.512 of 2019, under Sections 380/411 of I.P.C. at same police station (against both the applicants).
4. It has further been submitted on behalf of applicants that they are on bail in the aforementioned cases and the copy of bail orders of the cases has been annexed as Annexure Nos. 3, 4, 5 and 6 to the application.
5. Learned counsel for the applicant further submits that the applicants are in jail since 1.7.2020 and further that they are on bail in all the cases shown against them in the Gang Chart. He next submits that the applicants undertake that they will not indulge in any criminal activity or misuse the liberty of bail, therefore, the applicants are entitled to be released on bail.
6. Learned Additional Government Advocate though opposed the bail application but fairly conceded that the applicants are on bail in all the cases shown against them in the Gang Chart.
7. Heard learned Counsel for the applicants and perused the record.
8. From perusal of record, it reveals that applicants are on bail in all the cases shown against them in the Gang Chart, I am of the view that the applicants deserve to be released on bail.
9. Let the applicants Saty Prakash @ Satydev and Satroghan involved in Case Crime No.156 of 2020, under Section 3(1) of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Ramsanehighat, District Barabanki, be released on bail on each of them furnishing a personal bond of Rs.25,000/- and furnish two reliable sureties to the satisfaction of the Court concerned on the following conditions:
(i) The applicants shall file an undertaking to the effect that he 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.
(ii) The applicants 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.
(iii) In case, the applicants misuse the liberty of bail during trial 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.
(iv) The applicants 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(vii) 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.
10. The bail application stands disposed of.
Order Date :- 21.1.2021 (Alok Mathur, J.) RKM.