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Allahabad High Court · body

2015 DIGILAW 2022 (ALL)

Jagat Singh v. State of U. P.

2015-07-21

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Supplementary-affidavit filed today, is taken on record. 2. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant in case crime No. 784 of 2008, under Section 2/3 Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Jarifnagar, District- Budaun with the prayer to enlarge him on bail. 4. The submission of the learned counsel for the applicant is that he was earlier on bail in connection with Case Crime No. 784 of 2008 pending S.S.T. No. 153 of 2009, under Section 2/3 of the U.P. Gangster Act, P.S. Jarifnagar, District Budaun but subsequently on account of not being able to attend the date in the proceeding, his bail bonds were cancelled. It has been submitted that thereafter the applicant applied for a fresh bail which has been rejected by the court below. It has been submitted that the applicant could not attend the proceeding on account of his involvement in connection with Case Crime No. 23 of 2003 in which he was granted bail by the Court of A.C.J.M., Court No.2, Moradabad on 03.05.2015. The averments to that effect have been made in paragraph 3 of the supplementary-affidavit, which has been filed today. It has been submitted that the applicant is in jail since 25.09.2014 and, in case he is enlarged on bail, he will not misuse the liberty of bail. 5. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. 6. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. 7. Let applicant Jagat Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 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 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.