Bail application under the U.P. Gangster Act where only one case was shown in the gang chart and bail had already been granted therein. The court released the applicant on bail on a personal bond with two sureties and standard conditions, without entering into merits.
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Neutral Citation No. - 2024:AHC-LKO:36905
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5174 of 2024
Applicant :- Barati Lal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
(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 not leave India without previous permission of the court.
[Rajesh Singh Chauhan,J.]
Order Date :- 14.5.2024 RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant detained under the Gangster Act, with only one prior case in the gang chart in which he was granted bail, should be released on bail?
5 provisions across 3 enactments
Barati Lal
State of U.P. thru. Secy. Home Lko.
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
