The Honorable Court granted bail to Faheem, an applicant in a criminal miscellaneous bail application, who is accused under the U.P. Gangster & Anti Social Activities Prevention Act, after perusing the record and hearing counsel.
Release of the applicant on bail by furnishing personal bond and two reliable sureties to the satisfaction of the court concerned.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35125 of 2022
Applicant :- Faheem Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.0319 of 2022, under Section 2/3 of the U.P. Gangster & Anti Social Activities (Prevention) Act 1986, Police Station- Kaushambhi, District-Ghaziabad.
Learned counsel for the applicants has submitted that the applicant is innocent person and has falsely been implicated in the present case due to ulterior motive. It is submitted that in the gang chart annexed with bail application, three cases have been shown against the applicant in which the applicant has been enlarged on bail. It is further submitted that except the cases shown in the gang chart, the applicant has criminal history of 8 cases to his credit, which have been explained in para 3 of the affidavit of the supplementary affidavit filed in support of the bail application. It is further submitted that the I.O. has not collected any evidence which could show that the accused applicant was earning his livelihood from criminal activities. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail. It is lastly submitted that the applicant is languishing in jail since 07.06.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Faheem be released on bail in the aforesaid case on his furnishing personal bond and two reliable sureties each of 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 misuse 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 fail 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 3.11.2022 SK Goswami
Digitally signed by SHIVAKANT GOSWAMI Date: 2022.11.03 16:31:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is a fit case for immediate grant given the nature of allegations and length of incarceration.
Faheem
Gajendra Kumar
SK Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
