Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32795 of 2021 Applicant :- Yasir Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Husain,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.,Aadesh Kumar Srivastava
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel appearing on behalf of the opposite party, learned A.G.A., for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive of the police concerned, the applicant is neither gang leader nor member of any Gang. It is next contended that three cases have been shown against the applicant in the Gang Chart/ F.I.R., which has been properly explained in paragraph 7 and 8 of the affidavit filed in support of bail application and other cases has been explained in paragraph 5 of the Supplementary Affidavit filed in this case. It is next contended that without any consideration of evidence by the police about the evidence that may show that the applicant is a member of a criminal gang or its leader, he has been implicated in the present crime. There is no evidence on record to show that the applicant is a member of a criminal gang or its leader. It is next contended that co-accused namely Mohd. Aasad, has been granted bail by this Court vide order dated 28.9.2021 passed in Crl. Misc. Bail Application No. 30133 of 2021. It is lastly contended that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 06.07.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. and learned counsel for the opposite party have vehemently opposed the prayer but has not disputed the aforesaid fact.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the facts and circumstances of the case, keeping in view the submissions advanced and the provisions for Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory of punishment, and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant- Yasir, involved in Case Crime No. 999 of 2020, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Nawabganj, District- Prayagraj, be enlarged on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.9.2021 ssm