Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45199 of 2018 Applicant :- Zakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri U.C.Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..
It has been contended by the learned counsel for the applicant that only one case has been shown against the applicant in Gang Chart on pages 22 to 24 which has been properly explained in paragraph No. 7 of the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court The applicant is in jail since 26.9.2018. Co-accused have been granted bail by Coordinate Bench on 1.11.2018; copy of which has been produced by applicant's counsel which is taken on record.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Zakir involved in Case Crime No.504 of 2018, under section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act,1986,Police Station Kotwali, District- Budaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following condition:-
(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 trial court will be at liberty to cancel the bail.
Order Date :- 27.11.2018 IA