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2015 DIGILAW 2017 (ALL)

Sunil Kumar Rai @ Golu v. State of U. P.

2015-07-21

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant has submitted that in the gang chart three cases have been shown against the applicant. Out of these three cases in one case acquittal has been made and in two cases the applicant is on bail. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The accused-applicant is in jail since 12.3.2015. 3. On behalf of the State bail has been opposed. Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. 4. Let the applicant Sunil Kumar Rai alias Golu involved in Case Crime No.48 of 2015, under section 3(1) U.P. Gangsters and Anti Social Activities (Preventiion) Act, 1986, P.S. Bhanwarkol, District Gazipur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice: - (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 the 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. (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.