Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8556 of 2019 Applicant :- Surendra Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicants and Sri Inspector Singh, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicants that only one case has been shown against the applicants in the Gang Chart which has been annexed as Annexure No. S.A.- 1 to the supplementary affidavit and in the said case, the applicants have been granted bail by the competent Court, the said fact has been mentioned in para 7 to the affidavit filed in support of bail application. The applicants are in jail since 11.12.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants- Surendra Yadav and Shankar Yadav involved in Case Crime No. 149 of 2018, under Section 2/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Baburi, District Chandauli be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of the court concerned subject to the following condition:-
(i) The applicants shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them 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 their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 are 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 them in accordance with law.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.2.2019 Arti