Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20835 of 2018 Applicant :- Sunil Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sunil Yadav seeks bail in Case Crime No. 02 of 2018, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention), Act 1986, P.S. Kaptanganj, District- Azamgarh.
Learned counsel for the applicant has submitted that as per the gang-chart, four cases have been shown against the applicant and in all the four cases, he has already been granted bail, copy of which has been annexed as Annexure No. 2 to the bail application Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 15.12.2017. 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 already been granted bail in all the four cases shown in the gang-chart.
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- Sunil 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 KU