The High Court considered a criminal miscellaneous bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Bail granted on executing a personal bond and furnishing two local sureties subject to strict conditions regarding attendance and no adjournments.
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. - 40342 of 2018
Applicant :- Raju @ Vikram Nat Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Heard Sri Chandra Prakash Awasthi, 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 only two cases have been shown against the applicant in the Gang Chart which has been annexed at page-23 of the bail application and in the said case, the applicant has been granted bail by the competent Court. The applicant is in jail since 14.8.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Raju @ Vikram Nat involved in Case Crime No.82 of 2014, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Bisanda, District Banda be enlarged on bail on his executing a personal bond and furnishing two local 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.
Order Date :- 10.1.2019 Dev/-
1 issue framed by the court
Whether bail could be granted to the applicant under Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
6 provisions across 3 enactments
Raju @ Vikram Nat
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
