Allahabad High Court
Dayaram Gautam And Anr. vs State Of U.P. on 10 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- BAIL No. - 3061 of 2020 Applicant :- Dayaram Gautam And Anr. Opposite Party :- State of U.P. Counsel for Applicant :- Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the accused-applicants, learned A.G.A. and perused the record.
This bail application has been filed by the accused-applicants Dayaram Gauram and Amit Kumar Gautam, who are involved in Case Crime No. 143 of 2018 under Sections 3(1) of the U.P. Gangster and Anti-social Activities(Prevention) Act, 1986, Police Station Baddupur District Barabanki.
It is submitted that the Gangster Act has been inflicted on the basis of single criminal case registered against the accused applicants wherein they have already been enlarged on bail. There is no other criminal history or apprehension. There is no possibility of the applicants fleeing away from the course of justice. Charge-sheet has already been filed. The accused applicants are in jail since 27.1.2018.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicants.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, a case for bail is made out.
Let the applicants be released on bail in the aforesaid case crime number on their furnishing personal bond and two sureties each of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them in accordance with law.
Order Date :- 10.6.2020 Shahnaz