Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42082 of 2021 Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard Sri O.P. vishwakarma, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.211 of 2021, under Section 3(1) of U.P. Gangster Act & Anti-Social Activities (Prevention) Act, 1986, Police Station- Azeem Nagar, District- Rampur.
Learned counsel for the applicant contended that in the gang chart only one case has been shown in which the accused- appellant has been granted bail, copy of the said order is annexed as Annexure No.3 to the bail application. Learned counsel for the applicant further submitted that accused- applicant is innocent and has been falsely implicated. It is further contended that criminal history has been explained in para 7 of the accompanying affidavit and in which the accused- applicant is on bail. The applicant who is in jail since 29.07.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that the accused-applicant is habitual criminal and involved in many criminal cases has criminal history of eight cases. On the aforesaid ground, the bail is opposed.
Considering the rival contentions of the parties, the nature and gravity of the offence, the allegations made in the F.I.R. the material on record, all the attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Shadab involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 :- 21.12.2021 Krishna*