Allahabad High Court
Shiv Bali @ Chhotu vs State Of U.P. on 18 October, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42833 of 2019 Applicant :- Shiv Bali @ Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sayed Sohail Asgar, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State as well as perused the material on record.
The instant bail application has been filed on behalf of the applicant - Shiv Bali @ Chhotu with a prayer to enlarge him on bail in Case Crime No. 244 of 2019, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Sarai Akil, District- Kaushambi, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It has further been argued that in the gang chart only one case is shown against the accused-applicant. It is next submitted that the applicant has already been enlarged on bail in that case, copy of the bail order has been enclosed as Annexure-3 to the affidavit accompanying the bail application. The applicant has no criminal history except in the present case as well as criminal history explained in gang chart. It is next contended that there is no possibility of the applicant of fleeing away from judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant is languishing in jail since 02.08.2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will 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 fail 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be constructed to have any reflection on the ultimate merits of the case.
Order Date :- 18.10.2019 Priya