Court allowed bail to applicant Pankaj @ Veerbhan Singh under U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, imposing personal bond, two sureties, and strict conditions regarding presence in court and no abuse of bail liberty.
Enlargement on bail by executing personal bond and furnishing two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12241 of 2019
Applicant :- Pankaj @ Veerbhan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that two cases have been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to 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 said fact has been mentioned in para 6A and 7 to the affidavit filed in support of bail application. It is further submitted that the co-accused Avneesh Kathariya having similar role has been granted bail by this Court vide order dated 13.03.2019 in Criminal Misc. Bail Application No. 10690 of 2019, a copy of said order has been annexed as Annexure No. S.A. 01 to the supplementary affidavit and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. Criminal history of the applicant has properly been explained in para 3 to the supplementary affidavit. The applicant is in jail since 12.11.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of 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- Pankaj @ Veerbhan Singh involved in Case Crime No. 07 of 2019, under Section 2/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Chaubiya, District Etawah be enlarged 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 :- 5.4.2019
Arti
3 issues framed by the court
Whether the applicant is entitled to bail release under the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986.
What conditions should be imposed for the grant of bail.
Whether the applicant has similar role to co-accused who has already been granted bail.
5 provisions across 3 enactments
Pankaj @ Veerbhan Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
