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2020 DIGILAW 1349 (ALL)

Ram Dayal v. State of U. P.

2020-11-20

DINESH KUMAR SINGH

body2020
JUDGMENT : DINESH KUMAR SINGH, J. 1. Heard learned counsel for the accused-applicants as well as learned Additional Government Advocate and gone through the entire record. 2. By means of this application under Section 439 Cr.P.C. the accused-applicant seeks bail in FIR No. 0280 of 2020, under Section 2(B)(1)/3 U.P. Gangsters and Anti-Social Activities Prevention Act lodged at Police Station Ataria, District Sitapur. 3. Learned counsel for the accused-applicant submits that the provisions of the Gangsters Act have been invoked against the accused-applicant on the basis of four following cases: (i) FIR No. 0223 of 2017 U/S 60(2) Excise Act (ii) FIR No. 0112 of 2018 U/S 60(2) Excise Act (iii) FIR No. 062 of 2020 U/S 60(2) Excise Act (iv) FIR No. 0268 of 2020 U/S 60(2) Excise Act 4. It is evident that the cases against the accused-applicant are of similar nature; first relates to the year 2017, second relates to the year 2018 and third and fourth relate to the year 2020. From possession of the accused-applicant illicit liquor locally manufactured is alleged to have been recovered. The accused-applicant has been languishing in jail since 17.09.2020. There is no other criminal history of the accused-applicant except for aforementioned four cases. 5. Learned Additional Government Advocate has opposed the bail. 6. However, considering aforesaid factual aspects and, without commenting on merit of the case, I find it to be a fit case for grant of bail with some financial deterrent condition. 7. Let applicants-Ram Dayal, accused of above-mentioned FIR/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 with the following conditions, which are imposed in the interest of justice:- (i) the applicant shall deposit a sum of Rs. 25,000/- (rupees twenty five thousand only) in Chief Ministers Distress Relief Fund-COVID CARE FUND, U.P. within four weeks from the date of his release from jail and, file receipt thereof in the trial Court; in case the accused-applicant fails to deposit the amount, as directed, this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith. (ii) 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. (ii) 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. (iii) 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. (iv) 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. (v) 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. 8. The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.