1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
Counter affidavit filed today is taken on record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0467 of 2020, under Sections 2/3(1) of The U.P. Gangsters and Anti-Social Activities (Prevention) Act lodged at Police Station Gauriganj, District Amethi.
3. Learned counsel for the accused-applicant submits that on the basis of single recovery of three motorcycles from three accused, the accused-applicant and, co-accused have been implicated in the cases mentioned in the gang-chart. However, against the accused-applicant two cases under Sections 379/411 and 41/411 IPC are mentioned. The accused-applicant has no previous criminal history and, he has been languishing in jail since 13.10.2020.
4. Considering the nature of allegations, the fact that on the basis of single recovery the accused-applicant has been implicated in two cases and, without commenting any further upon merit of the case, I find it to be a fit case for grant of bail.
5. Let applicant-Shani alias Alok Singh, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) 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 applicant(s) 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 applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
[D.K.Singh,J.] Order Date :- 18.2.2021 MVS/-