The Single Judge granted bail to the applicant in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, noting the applicant had been falsely implicated despite the statutory provision regarding reformative theory of punishment.
Applicant enlarged on bail by executing a personal bond and two sureties of Rs. Two Lac each.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2073 of 2019
Applicant :- Parshuram Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Prabhooti Kant Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Prabhooti Kant Tripathi, 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 two cases have been shown against the applicant in the Gang Chart (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 paragraph3 and 4 of the Supplementary Affidavit filed today in this case. 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 21.7.2018, 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 Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory 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- Parshuram Yadav, involved in Case Crime No.439 of 2018, under Section- 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Belipar, District-Gorakhpur, be enlarged on bail on his executing a personal bond and two sureties (Rs. Two Lac each) (One should be of a family member) before the court concerned subject to 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.
Let a copy of this order be issued to learned counsel for the applicant today on payment of usual charges.
Order Date :- 18.1.2019
ssm
1 issue framed by the court
Whether the applicant is entitled to bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
2 provisions across 1 enactments
Parshuram Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
