Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56469 of 2019 Applicant :- Suddhu Prasad And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ram Chandra Kushwaha, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A-I, for the State.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case due to ulterior motive of the police concerned, the applicants are neither gang leader nor member of any Gang. It is next contended that only one case has been shown against the applicants in the Gang Chart and in the said case, applicants have been granted bail which has been properly explained in paragraph 6, of the affidavit filed in support of bail application. It is further contended that there is no possibility of applicants either fleeing away from the judicial process or tampering with the witnesses. Applicants who are in jail since 12.10.2019, undertakes that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.
Keeping in view the submissions advanced and the provisions for Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory of punishment, and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants Suddhu Prasad, Sartaj and Salman Khan, involved in Case Crime No.292 of 2019, under Section- 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Barhaj, District- Deoria, be enlarged on bail on his executing a personal bond and two heavy sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2019 ssm