The Allahabad High Court allowed a bail application under Section 439 Cr.P.C. for an applicant involved in a case under the U.P. Gangster Act, noting he had been on bail in other cases, without expressing an opinion on the merits of the current charge.
Applicant released on bail by furnishing a personal bond and two sureties with specific conditions.
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Neutral Citation No. - 2023:AHC:171906
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35866 of 2023
Applicant :- Shambhu Nath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
record annexure No. 3,5 and 6 to the affidavit filed in support of the bail application as well as annexure No. SA-1 and S.A 2 to the first supplementary affidavit as well as annexure No. SA-1 to the supplementary affidavit filed today. The applicant is languishing in jail since 18.04.2021, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
(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. 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.
(v) The applicant shall also furnish an undertaking from the
sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.)
Order Date :- 25.8.2023 Nadeem
Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant under Section 439 Cr.P.C. in a case charged under the U.P. Gangster Act.
6 provisions across 3 enactments
Shambhu Nath Yadav
State of U.P.
Renu Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
