Grants bail to Ram Pratap Yadav falsely implicated in cases under UP Gangsters Act, conditioned on personal bond, sureties, and strict adherence to trial procedures.
Enlargement of applicant on bail forthwith, upon execution of personal bond and two sureties in like amount, subject to specified conditions regarding court attendance.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5428 of 2019
Applicant :- Ram Pratap Yadav @ Pratap Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Akhilesh Singh, 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 four 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 case/cases, the applicant has been granted bail which has been properly explained in paragraph 8 to 11 of the affidavit filed in support of bail application. It is further contended that co-accused Harivansh Yadav has been granted bail by a coordinate Bench of this Court vide order dated 20.6.2018 passed in Crl. Misc. Bail Application No. 20890 of 2018, a copy of the said order has been annexed as Annexure- 7 to the affidavit filed in support of bail application and the case of the applicant stands on similar footing, hence applicant is also entitled to bail on the ground of parity. 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 22.12.2017, 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- Ram Pratap Yadav @ Pratap Yadav, involved in Case Crime No. 328 of 2017, under Section- 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Salempur, District- Deoria, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of 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.
Order Date :- 7.2.2019
ssm
2 issues framed by the court
Whether bail should be granted to the applicant falsely implicated in cases under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the applicant is entitled to bail on grounds of parity with a co-accused who has already been granted bail.
6 provisions across 3 enactments
Ram Pratap Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
