Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.712 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Krishna Nagar, District Lucknow.
Provisions of the Gangsters Act have been invoked against the accused-applicant on the basis of cases mentioned in the gang chart, which are under under :-
Case Crime No.314 of 2019, under Sections 398, 41, 411, 419, 420, 467, 468 and 471 IPC Case Crime No.44 of 2019, under Sections 394, 411 IPC Case Crime No.314 of 2019, under Sections 394, 411, 419, 420, 467, 468 and 471 IPC The accused-applicant has long criminal history of 14 cases including the present case and the cases shown in the gang chart, which have been disclosed in page 14 of the counter affidavit as under:-
Case Crime No.220 of 2017, under Sections 396, 412 IPC Case Crime No.495 of 2017, under Sections 323, 506, 427 IPC Case Crime No.497 of 2017, under Sections 302, 201, 147, 148, 120B IPC and Section 3(2)5 SC/ST Act Case Crime No.526 of 2017, under Sections 395, 397, 506, 427 IPC Case Crime No.889 of 2017, under Sections 379, 411, 427 IPC Case Crime No.315 of 2019, under Sections 3/25 Arms Act Case Crime No.769 of 2017, under Sections 394 IPC Case Crime No.51 of 2020, under Sections 394, 411 IPC Case Crime No.53 of 2020, under Sections 307 IPC Case Crime No.205 of 2020, under Sections 379, 411 IPC The accused-applicant is on bail in all the aforesaid cases. Provisions of the Gangsters Act were invoked against the accused-applicant on 13.12.2019 and the minimum sentence under the Gangsters Act is two years. The accused-applicant has already been in jail for more than a year. Three co-accused mentioned in the gang chart has been granted bail.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the above facts and circumstances of the case and also the fact that accused-applicant has been in jail for 13 months under the provisions of the Gangsters Act, it would be appropriate to enlarge the applicant on bail.
Let applicant Yasharth Singh @ Yash Thakur @ Aryan be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(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.
The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
Order Date :- 6.1.2021 Rao/-