Single judge allowed bail to Suleman @ Khotiya in a Gangster Act case pending at Ghiror, Mainpuri. Bail granted on personal bond and two heavy sureties with strict conditions regarding adjournments, presence at trial dates, and punishment for misuse.
Applicant enlarged on bail on executing personal bond and two heavy sureties with conditions
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Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45483 of 2018
Applicant :- Suleman @ Khotiya Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is next contended that three cases have been shown against the applicant in the Gang Chart which has been annexed as Annexure-2 to the affidavit filed in support of bail application and in the said cases, the applicant has been granted bail which has been explained in paragraph 5 and 6 of the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 23.02.2018, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.
Keeping in view the submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, severity 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- Suleman @ Khotiya, involved in Case Crime No.91 of 2018, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Ghiror, District- Mainpuri, be enlarged on bail on his executing a personal bond and ( two heavy sureties one should be of a family member) before the court concerned subject to 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2018
ssm
3 issues framed by the court
Whether bail should be granted to the applicant in a case under U.P. Gangsters and Anti Social Activities (Prevention) Act given lack of flight risk.
Whether conditions can be imposed to prevent abuse of bail liberty during trial.
Whether specific consequences like proclamation and punishment for absence should be attached to bail grant.
5 provisions across 3 enactments
Suleman @ Khotiya
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
