1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate appearing for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The instant bail application has been filed on behalf of applicant with prayer to release him on bail in pursuance to First Information Report registered as Case Crime No. 239 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station - Sushant Golf City, District - Lucknow.
3. Learned counsel for the applicant has submitted that in the Gang Chart (Annexure- 02 to the application) 01 case has been shown to be registered against the applicant i.e. Case Crime No. 029 of 2020, u/s 419, 420, 170 I.P.C., Police Station - Sushant Golf City, District - Lucknow.
4. It has further been submitted on behalf of applicant that he is on bail in the aforementioned case and the copy of bail order of the case has been annexed as Annexure No. 03, to the affidavit filed in support of application.
5. Learned counsel for the applicant further submits that the applicant is innocent and he is in jail since 12.02.2021, and further that applicant is on bail in the case shown against him in the Gang Chart. He next submits that the applicant undertakes that he will not indulge in any criminal activity or misuse the liberty of bail, therefore, the applicant is entitled to be released on bail.
6. Learned Additional Government Advocate though opposed the bail application but fairly conceded that the applicant is on bail in the case shown against him in the Gang Chart.
7. Heard learned Counsel for the applicant and perused the record.
8. From perusal of record, it reveals that applicant is on bail in the case shown against him in the Gang Chart, I am of the view that the applicant deserves to be released on bail.
9. Let the applicant Sunit Gautam be released on bail, involved in Case Crime No. 239 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station - Sushant Golf City, District - Lucknow, be released on bail on his furnishing a personal bond of Rs.25,000/- and furnish two reliable sureties to the satisfaction of the Court concerned on 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) 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 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.
(v) The applicant shall not commit an offence similar to the offence of which he is accused or suspected.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
11. The bail application stands disposed of.
12. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
13. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.4.2021 A. Verma (Alok Mathur, J.)