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2019 DIGILAW 2418 (ALL)

Ved Prakash Singh @ Chhotu v. State of U. P.

2019-10-23

RAJESH SINGH CHAUHAN

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JUDGMENT : Rajesh Singh Chauhan, J. Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record. 2. This bail application has been preferred by the applicant, Ved Prakash Singh @ Chhotu, who is involved in Case Crime No.914 of 2019, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act,1986, Police Station-Kotwali Nagar, District-Sultanpur. 3. Learned counsel for the applicant has submitted that there are two cases shown in the gang-chart against the applicant and in both the cases the applicant has been enlarged on bail by the court below.?? It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated in this case. 4. Learned Additional Government Advocate has opposed the prayer for bail but he does not dispute the aforesaid contention of learned counsel for the applicant. 5. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail in this case.? 6. Let accused, Ved Prakash Singh @ Chhotu, involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned on following conditions which are being imposed in the interest of justice:- 1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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. 2. 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. 3. 2. 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. 3. In case, the applicant misuses the liberty of bail 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. 4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.