Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicant has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. Learned counsel for the applicants has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicants. It is submitted by learned counsel for the applicants that in the present case two cases shown against the applicant, Vakeel Harijan in the gang chart and one case shown against the applicant, Sajawal Harijan, in which the applicants have already been released on bail by lower court. They are in jail since 6.12.2020.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and learned A.G.A., and without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail.
Let the applicants Vakeel Harijan and Sajawal Harijan involved in Case Crime No. 128 of 2020 under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Unj, District Bhadohi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(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 misuse 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 court below shall be at liberty to cancel the bail.
Order Date :- 9.2.2021 Vibha Singh