Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30374 of 2019 Applicant :- Somvir And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 58 of 2019, under Section 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District- Ballia with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicants that applicants have been falsely implicated in the present case and that there was no material to invoke the provision of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 against the applicants. It was stated that in the gang chart, criminal history of only one case was shown against the applicants, in which they have already been granted bail vide order dated 10.07.2019 passed by this Court in Criminal Misc. Bail Application No. 16163 of 2019, copy of the bail order is filed alongwith supplementary affidavit. It was argued that applicants have no criminal history except one case. It has been further submitted that applicants are languishing in jail since 15.01.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Somvir and Kuldeep Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicants shall file an undertaking to the effect that he 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 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;
(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 may 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 his bail and proceed against them in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 T.S.