Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2792 of 2019 Applicant :- Subham And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by learned counsel for the applicants today in the Court is taken on record.
Heard Sri Ajay Kumar Jagdish, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicants that only three cases have been shown against the applicants in the FIR which has been annexed at page- 14 of the bail application and in the said cases, the applicants have been granted bail by the competent Court. The applicants are in jail since 20.11.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicants- Subham and Arjun involved in Case Crime No.367 of 2018, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Janakpuri, District Saharanpur be enlarged on bail on their executing a personal bond and furnishing two sureties (of Rs.two lakhs) each (one should be of family member), subject to the following condition:-
(i) The applicants 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 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.
(iii) In case, the applicants 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 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.
(iv) 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 absence of the applicants 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 them in accordance with law.
Order Date :- 21.1.2019 Dev/-