Sajid And 2 Others vs State Of Uttar Pradesh

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants have contended that they have been falsely implicated in this case and they do not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicants. It is submitted by learned counsel for the applicants that in the present case one case has been shown in the gang chart against the applicants in which the applicants have been released on bail. Except case mentioned in gang chart the applicant has criminal history which has been explained by means of affidavit. They are in jail since 18.11.2020.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants but contended that if the applicants are enlarged on bail, they may misuse the liberty of bail.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and learned A.G.A., and without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail.

Let the applicants-Sajid, Mohammad Hasan and Sadik involved in Case Crime No. 323 of 2020 under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.-Paraur, District-Shahjahanpur, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

(i) The applicants 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 applicants 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 applicants misuse 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 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 applicants are 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.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.