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2024 DIGILAW 251 (ALL)

Jaid v. State of U. P.

2024-01-24

SYED AFTAB HUSAIN RIZVI

body2024
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.298 of 2023, under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Jewar, District- Gautam Budh Nagar. 3. Learned counsel for the applicant contended that in the gang chart only one case has been shown in which the accused-applicant has been granted bail. Learned counsel for the applicant further submitted that apart from case shown in the gang chart there is no other criminal history of the accused-applicant. The applicant is innocent and has been falsely implicated in the present case. The applicant who is in jail since 4.12.2023 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. 4. Learned A.G.A. opposed the prayer for bail but not disputed the aforesaid facts. 5. Considering the rival contentions of the parties, the material on record, attending circumstances and in the opinion of the Court, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the applicant-Jaid involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. 8. This bail order would be subject to the fulfillment of following conditions:- 1. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 3. 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.