Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19308 of 2021 Applicant :- Veeru Chaurasiya @ Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the accused applicant submitted that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail by the court concerned and the copy of the same has been annexed as Annexure No. 3 to the application. He is innocent and has been falsely implicated in the present case. It is further submitted that co-accused - Aman Chaurasiya and Akash @ Rahul @ Ballulal Chaurasiya have been enlarged on bail by Coordinate Bench of this Court on 28.1.2021 and 12.2.2021 respectively. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 17.3.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail and submitted that applicant is the leader of the gang and habitual of the committing crime of one nature. In case he is released on bail, he will again indulge in criminal activity.
Considering the rival contentions of the parties, the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Veeru Chaurasiya @ Virendra, involved in Case Crime No. 684 of 2020, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station - Kotwali Nagar Mahoba, District - Mahoba, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. In case the applicant is already on interim bail after submission of sureties, he is not required to surrender before the court below.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
3. 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;
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.7.2021 Arif