Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19419 of 2018 Applicant :- Suneel Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Narayan Singh,Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Applicant- Suneel Yadav seeks bail in Case Crime No. 413 of 2016, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Barhalganj, District- Gorakhpur.
Learned counsel for the applicant has submitted that four criminal cases have been shown against the applicant and in all these fours cases, he has already been granted bail vide orders dated 15.03.2016, 05.04.2016, 17.05.2016 and 26.05.2016 respectively. Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 07.03.2018. There is no chance of applicant fleeing from the judicial process or tampering the evidence.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicant has been granted bail in all the four cases shown against him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Suneel Yadav 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 the following conditions :-
(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) and cooperate by all means in the process of trial (ii) 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 :- 26.7.2018 A. GANGWAR