The High Court allowed bail to Banwari, a convict accused under the U.P. Gangsters Act. The order imposed strict conditions regarding attendance, warrant of arrest consequences, and connection with other cases before this court.
Enlarged the applicant on bail on executing a personal bond and furnishing two sureties of Rs. One Lac each.
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. - 13264 of 2019
Applicant :- Banwari Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Hitesh Pachori, 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 four 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 6 to the affidavit filed in support of bail application. The applicant is in jail since 13.02.2019.
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- Banwari involved in Case Crime No. 309 of 2018, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station G.R.P. Agra Cantt., District Agra be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. One Lac each) (One should be of a family member) , 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 :- 1.4.2019 Arti
2 issues framed by the court
Whether bail should be granted to the applicant in a case under the U.P. Gangsters Act given prior grants in attached cases.
What conditions must be imposed on the applicant to secure his appearance during the trial.
5 provisions across 4 enactments
Banwari
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
