Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40789 of 2019 Applicant :- Sharik Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the accused-applicant Sharik, who is involved in Case Crime No.235 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.- Delhi Gate, District- Meerut.
Submission of learned counsel for the applicant is that there is only two cases shown against the applicant in the gang chart and in all the said cases, he has already been granted bail, copies of bail order has been annexed along with the bail application. He further submitted that provisions of Gangster Act have been slapped only on the basis of that very case. He has been falsely implicated in the present case with an ulterior motive.
It is further submitted by learned counsel for the applicant that applicant is in jail since 16.08.2019. In case the applicant is released on bail, he will not misuse the liberty of bail and will not indulge in any criminal activities and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and in view of the law laid down by Hon’ble Apex Court in Nikesh Tarachand Shah Vs. Union of India 2017 (13) Scale 609 and Data Ram Singh Vs. State of U.P. 2018 AIR 980 S.C., without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicants (Sharik) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions:-
(i) The applicant 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 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 misuses 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 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 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.
Order Date :- 30.9.2019 Krishna