Akaramullah v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -36848 of 2023 Applicant :-Akaramullah Opposite Party :-State of U.P. Counsel for Applicant :-Ravindra Prakash Srivastava Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Supplementary affidavit filed today on behalf of the applicant, which taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.01 of 2023 under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Dudhara, District Sant Kabir Nagar. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. According to the gang-chart (Annexure No.1), only one case has been shown against the accused-applicant, in which he has been enlarged on bail. Copy of bail order is annexed as annexure no.2 to the affidavit filed in support of bail application. Apart from the case shown against the applicant in the gang chart, the applicant has criminal history of one more case i.e. Case Crime No.211 of 2023, under section 174-A, IPC, Police Station Dudhara, District Sant Kabir Nagar, in which he has been enlarged on bail. Copy of bail order is annexed as annexure number S.A.-1 to the supplementary affidavit. The applicant is languishing in jail since 03.08.2023, in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings. On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts. Considering the facts and circumstances of the case and taking into account that the accused-applicant has been enlarged on bail in the case shown in the gang-chart, criminal history of the applicant are well explained in para-2 of the supplementary affidavit dated 09.10.2023, applicant is languishing in jail since 03.08.2023 and undertakes that in case he is enlarged bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail. Let applicant-Akaramullah, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. Looking to the conduct of the applicant he is directed to appear in the concerned police station in the second week of each month to mark his attendance before the police officer concerned. (Renu Agarwal,J.) Order Date :- 12.10.2023 VKG High Court of Judicature at Allahabad