Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49635 of 2019 Applicant :- Shahid @ Shaheed And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.
The accused applicants are involved in Case Crime No 917 of 2019, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Kasna, District Gautam Budh Nagar.
Learned counsel for the applicants has submitted that the applicant no. 1 Shahid @ Shaheed is the husband of the applicant no. 2 Ruksar. It is submitted by the counsel for the applicants that a child aged about two and half year is also with the applicants who are in jail since their arrest.
Learned counsel for the applicants has submitted that 12 cases have been shown in the gang chart in which the applicants are already on bail. It has also been submitted that the applicants are not involved in any anti-social activities. She further submits that the applicants are in jail since 19.09.2019.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicant no. 2- Ruksar wife of Shahid @ Shaheed be released on bail in Case Crime No.917 of 2019, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Kasna, District Gautam Budh Nagar on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure her 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 her, 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 her bail and proceed against her in accordance with law.
So far as the applicant no. 1 Shahid @ Shaheed is concerned, a fresh bail application will be filed, which will be considered afresh.
Order Date :- 26.11.2019 SK Srivastava