Bail granted to an applicant booked under the Gangsters Act who was on bail in all gang chart cases; compliance with Section 19(4) found and parity with an earlier released co-accused noted.
Applicant released on bail with personal bond and two sureties, subject to four listed conditions.
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Neutral Citation No. - 2024:AHC-LKO:37430
Court No. - 8
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5323 of 2024
Applicant :- Mithlesh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in 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 she shall not seek any adjournment on the date 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 her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 her in accordance with law.
Order Date :- 16.5.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant falsely implicated under the Gangster Act despite being on bail in all gang chart cases is entitled to release on bail.
6 provisions across 3 enactments
Mithlesh Verma
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Rajeev Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
