Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52752 of 2019 Applicant :- Zubair And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A
Hon'ble Ashok Kumar,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 142 of 2019, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Ballaini, District Baghpat.
Learned counsel for the applicants has submitted that four cases have been shown in the gang chart in which the applicants are already on 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 23.10.2019.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicants Zubair and Zishan alias Harish 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 misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails 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 applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
Order Date :- 28.11.2019 SK Srivastava