Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21555 of 2021 Applicant :- Waish Raine @ Rokstar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Tripathi,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.
The accused- applicants is involved in Case Crime No.86 of 2021, under Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Gopiganj, District Bhadohi.
Learned counsel for the applicant has submitted that two cases have been shown against the applicants as mentioned in the F.I.R. and rejection order in which the applicants have already been granted bail. It has also been submitted that the applicants are not involved in any anti-social activities. He further submits that the applicants are in jail since 05.04.2021.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicants.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicants Waish Raine @ Rokstar and Saddam Raine be released on bail in the aforesaid case crime on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicants misuse the liberty of bail 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The computer generated copy of such order shall be self attested by counsel of the party concerned.
6. The concerned Court/ Authority/ 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.5.2021 Asha Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:10:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad