Allowed

Naved v. State of U.P.

Allahabad HC30 Jul 2021BAIL/19628/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Naved in a case under the U.P. Gangsters and Anti-Social Activities Act. The court observed that the applicant was in custody since November 2020 and co-accused had been granted bail. Bail was granted subject to strict conditions regarding appearance, non-interference with witnesses, and attending trial proceedings.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two local sureties, subject to undertaking not to tamper with evidence or witnesses and to appear at all trial proceedings.

Naved Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19628 of 2021

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Applicant :- Naved Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Supplementary affidavit filed on behalf of applicant, which is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1105 of 2020, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Khurja Nagar, District Bulandshahr.

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Learned counsel for the applicant submits that as per gang chart three cases have been shown against the applicant in which he has been granted bail. Apart from the case mentioned in the gang chart two more criminal cases are registered against the applicant in which too he has been released on bail which is explained in para 2 of the supplementary affidavit. He further submits that the co-accused Danish has been granted bail by coordinate Bench of this Court vide order dated 29.01.2021 in Criminal Misc. Bail Application No.6458 of 2021, therefore, the applicant is also entitled for bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 09.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of accused on bail in the cases registered against him, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Naved involved in aforesaid case crime be released on bail on his/her furnishing

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a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(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/her in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 30.7.2021 Jitendra

Naved v. State of U.P.

Case brief

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Naved v. State of U.P.

Case brief

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