Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53627 of 2019 Applicant :- Shivam And Another Opposite Party :- State Of U.P Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A
Hon'ble Ashok Kumar,J.
Supplementary affidavit, filed today, be taken on record.
Heard learned counsel for the applicants, learned AGA and perused the record.
The accused-applicants are involved in Case Crime No.226 of 2019 under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Heempur Deepa, District Bijnor.
Learned counsel for the applicants have submitted that one case has been shown against both the applicants in the Gang Chart and in the said case the applicants have been granted bail by this Hon'ble Court. It has also been submitted that the applicants are not involved in any antisocial activities and they have been falsely implicated. The applicants are in jail since 14.11.2019.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicants Shivam and Nirmit Kumar be released on bail in the aforementioned case crime on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
3. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
4. 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 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 their bail and proceed against them in accordance with law.
Order Date :- 17.12.2019 S.S.