Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38879 of 2019 Applicant :- Sunil Kumar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Sunil Kumar And 2 Others in Case Crime No.159 of 2019, under Section 3(1) of U.P. Gangster and Anti Socials Activities (Prevention) Act, Police Station-Dhebarua, District-Siddharth Nagar.
Submission of learned counsel for the applicants is that there are six cases shown against the applicants in the gang chart and in all the cases applicants are on bail. It is further submitted that provisions of U.P. Gangster Act have been slapped only on the basis of these cases.
Learned A.G.A has, however, opposed the prayer for bail but he has not disputed the above contention made by learned counsel for the accused-applicants. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicants Sunil Kumar And 2 Others be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/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 if the applicants 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 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 him in accordance with law.
Order Date :- 26.9.2019 SK Goswami