The case is called out.
Heard learned counsel for the bail-applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the accused-applicant in Case Crime No.391 of 2017, under Section 2/3 of U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986 registered at Police Station Chowk, District Lucknow.
The occasion of present bail application in this Court has arisen on the rejection of bail plea by Vth Additional District Sessions Judge/Special Judge (Gangster Act), Lucknow vide order dated 08.08.2019.
Learned counsel for the bail-applicant submits that according to the prosecution story, the applicant has been involved in Case Crime No.108 of 2017, under Sections 395/397/412/420/120B of I.P.C. registered at Police Station Chowk, District Lucknow, which was registered on same date i.e 05.03.2017 in which a co-ordinate Bench of this Court has granted bail to him vide order dated 26.07.2019 passed in Bail No. 1010 of 2019. Learned counsel further submits that accused-applicant was falsely involved in aforementioned case due to enmity with local leader of ruling party and on the pressure of local leader, the police of concerned police station again implicated the applicant in present case.
On the context of above, learned counsel further submits that the accused-applicant has neither previously convicted nor has gang and the FIR was lodged against the unknown person but the police due to malafide intention, implicated the applicant in the present case. Learned counsel further submits that co-accused Hari Vilas Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.09.2019 passed in Bail No.8993 of 2019. On the ground of parity, the present accused-applicant may also be released on bail.
On the basis of the aforesaid facts, learned counsel for the accused-applicant request for release on bail with the submission that the accused-applicant is not in position to flee away from the judicial process and shall abide himself from the conditions imposed and follow the process of law, during the course of trial he will ensure his attendance as and when required by the Court.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Looking into the severity of offence involvement of accused, gravity of the punishment, after hearing the rival contention of the learned counsel for the parties, without expressing any opinion on the merit of the case, the accused deserves to be granted bail.
Let applicant (Vinay Shukla @ Vikas) be released on bail in Case Crime No.391 of 2017, under Section 2/3 of U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986 registered at Police Station Chowk, District Lucknow on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
Order Date :- 27.9.2019 Saurabh