HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 40965 of 2019
Applicant :- Satyendra Patel @ Malik
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Awasthi
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Manju Rani Chauhan,J
Heard SriMayank Awasthi, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Satyendra Patel @ Malik with a prayer to enlarge him on bail in Case Crime No.105 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Husainganj, District Fatehpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart following two cases are shown against the accused applicant :-
(i) Case Crime No.266 of 2018, under Sections 364/Section302/Section376/Section201 I.P.C., Police Station Husainganj, District Fatehpur.
(ii) Case Crime No.69 of 2010, under Section 377 I.P.C., Police Station Husainganj, District Fatehpur.
It is argued that the applicant has been acquitted in Case Crime No.69 of 2010, copy of which has been placed before the court today, which is taken on record. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 08.04.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer of the applicant, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused in U.P. Gangster and Anti Social Activities (Prevention Act), material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of SectionDataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
Order Date :- 14.10.2019