Single judge allowed bail to Vijay Yadav accused under U.P. Gangsters Act, 1986. Bail granted on personal bond and two sureties with specific conditions regarding absence, misuse of liberty, and prosecution under IPC.
Applicant enlarged on bail by executing personal bond and two sureties subject to specific 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. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4551 of 2020
Applicant :- Vijay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted 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 further submitted that only one case has been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail, copy of the bail order has been annexed as Annexure S.A.-3 to the supplementary affidavit. It is next submitted 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 30.08.2019, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
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- Vijay Yadav , involved in Case Crime No.655 of 2019, under Section- 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police StationKasya, District-Kushinagar, 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 229A 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 :- 29.1.2020 Rmk.
3 issues framed by the court
Whether bail should be granted to the applicant in the present criminal case.
Whether the applicant can be enlarged on bail subject to standard conditions.
Whether the trial court is empowered to cancel bail in case of breach of conditions.
6 provisions across 3 enactments
Vijay Yadav
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Neeraj Tiwari
Parties & counsel
