The High Court Court No. 64 allowed a bail application filed by Pramod Yadav in a case under the U.P. Gangster Act. The court imposed specific conditions regarding court attendance and record filing.
Applicant released on bail with personal bond, two sureties, and specific conditions of appearance and record filing.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3520 of 2021
Applicant :- Pramod Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Pramod Yadav, in case crime No. 224 of 2020, under Section 3(1) of U.P. Gangster and Prevention of Anti Social Activities Act, police station Raunapar, District- Azamgarh.
The submission of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. It is further argued that one case has been shown in the gang chart, on the basis of which, Gangster Act has been levelled against him, in above one case, he is on bail; except the case mentioned in gang chart, applicant is of two criminal antecedents, whereas in one case, judgement of acquittal is there and in other case applicant is on bail. Hence, bail has been prayed for.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-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 and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Pramod Yadav) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
(vi) The computer generated copy of such order shall be self attested by counsel of the party concerned.
(vii) 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 21.1.2022 Kamarjahan
1 issue framed by the court
Whether the applicant is a fit case for granting bail in a charge under the U.P. Gangster Act.
5 provisions across 3 enactments
Pramod Yadav
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ram Krishna Gautam
Parties & counsel
