The case is called out.
The present bail application is moved on behalf of accused applicants Smt. Naina Srivastava and Smt. Laxmi @ Sarla, involved in Case Crime No.443 of 2018, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali City, District Hardoi.
The occasion of present bail application has arisen on rejection of first bail plea of the aforesaid applicant on 03.08.2019 by the Additional Session Judge, Court No.5/Special Judge (Gangster Act), Hardoi.
The copy of the bail application has already been provided to the office of Government Advocate. Sri Ambrish Verma, learned A.G.A. on behalf of State is present to oppose the bail application.
Learned counsel for the bail applicant submits that on the complaint of incharge S.I., Prashant Shukla, P.S. Kotwali City, District Hardoi, while patrolling got information from the reliable source of police as several suspected members of the gang are on the way to Hardoi and if they be intercepted, arms and other illegal articles may be recovered. They are preparing for looting the ornaments and cash from the travelers on the road. Accordingly, when the police intercepted the vehicle on the pointing out of the police source, the accused applicants were arrested alongwith fire arms and when asked by the police, they admitted that they are preparing plan for looting of cash and ornaments from the people. Learned counsel submits that except the aforesaid one and only one criminal case reported in the gang chart, there is no criminal case pending against the accused applicant, moreover, she has also been granted bail by the Court below vide order dated 22.05.2018. Therefore, they are falsely implicated in the Gangster Act and owing to the false implication of the Gangster Act, despite of the bail order, they are languishing in jail since 26.07.2019.
Learned A.G.A. submits that involvement of aforesaid accused applicant, as reported in the gang chart is serious enough and threat to public at large. As such, they are charged under the Gangster Act, but in support of the aforesaid argument, he cannot place materials on the basis of the instructions received to him regarding criminal antecedents or history of the accused applicant.
Looking into the circumstances, nature of involvement of the accused applicant in the offence complained of and the gravity of the punishment, after hearing the rival contention of the learned counsels for the parties without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Smt. Naina Srivastava) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 :- 30.8.2019/Saurabh