Court No. - 30
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36604 of 2021 Applicant :- Surajpal Soni Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
(Order on Criminal Misc. Exemption Application No. 01 of 2021) Exemption Application is allowed.
The applicant is exempted from filing the certified copy of the F.I.R. dated 17.04.2021.
(Order on Bail Application) Heard Ms. Preeti Chaudhary, Advocate holding brief of Sri Ashwani Kumar Mishra, learned Counsel for the applicant, Sri P. K. Bhardwaj, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.69 of 2021, under Section 2/3 of U.P. Gangsters & Anti-Social Activities Act, P.S. Mahewaghat, District Kaushambi.
Learned counsel for the applicant submits that as per gang chart one case has been shown against the applicant in which he has been granted bail by the court below, which is explained in para 05 of the affidavit filed in support of bail application. Apart from the case mentioned in the gang chart four other criminal cases are registered against the applicant, in which he has been enlarged on bail, which is explained in para 6 of the affidavit filed in support of bail application and para 2 of the supplementary affidavit filed on 21.10.2021. He further submits that co-accused Vijay Kesarwani & Sanjay Kesarwani, and Shivbodh Mishra @ Sheebu have been enlarged on bail in Criminal Misc. Bail Application Nos. 38854 of 2021 and 38668 of 2021 vide orders dated 24.09.2021 and 29.9.2021, copies of which have been produced for perusal, therefore the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is languishing in jail since 6.8.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
I have perused the bail orders of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused persons, who have already been granted bail by this Court.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Surajpal Soni, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 20.12.2021 Md Faisal