Allowed

Shajeb Alias Dauwa v. State of U.P.

Allahabad HC17 May 2023BAIL/16247/2023

Case brief

AI extract

What is this about?

This is a bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act. The High Court granted bail to the applicant, Shajeb Alias Dauwa, who is facing charges under Sections 2 and 3 of the Act, subject to specific conditions regarding court attendance and bond execution.

What did the court decide?

Bail granted on personal bond and two heavy sureties subject to conditions regarding court presence.

Shajeb Alias Dauwa Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113871

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16247 of 2023

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Applicant :- Shajeb Alias Dauwa Opposite Party :- State of U.P. Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit dated 18.4.2023 filed by learned counsel for the applicant is taken on record.

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Heard Sri Madan Kumar Tiwari, learned counsel for the applicant and Sri Mithilesh Kumar, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that only three cases have been shown against the applicant in the Gang Chart which has been annexed at page-28 of the bail application and in the said cases, the applicant has been granted bail by the competent Court. Apart from the case which have been shown in the gang chart some other cases are there against the applicant which have been explained in paragraph no.3 of the supplementary affidavit dated 18.4.2023, which is on record. The applicant is in jail since 2.1.2023.

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4. Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Shajeb Alias Dauwa involved in Case Crime No.824 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Banna Devi, District Aligarh be enlarged on bail on his executing a personal bond and furnishing two heavy sureties (one should be of family member) , each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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(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.

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(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.

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(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

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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.

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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 in accordance with law.

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Order Date :- 17.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Shajeb Alias Dauwa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shajeb Alias Dauwa v. State of U.P.

Case brief

What is this about?

What did the court decide?

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