Shilu Yadav and Another v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -41557 of 2023 Applicant :-Shilu Yadav And Another Opposite Party :-State of U.P. Counsel for Applicant :-Rajesh Kumar Yadav Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicants in Case Crime No. 170 of 2023, under Sections 3(1) of the U.P. Gangster & Prevention of Anti Social Activities Act, 1986 Police Station Saiyadraja, District Chandauli with the prayer to enlarge them on bail. Learned counsel for the accused-applicants submitted that the applicants are innocent and have been falsely implicated in the instant case due to malafide intentions. According to gang-chart (Annexure No.2), one cases has been registered against the accused-applicants, in which they are enlarged on bail. Copy of the bail order is annexed with the bail application and marked as Annexure No. 3. Apart from the case mentioned in the gang chart, the applicants have no criminal history as is disclosed in paragraph No. Applicants are languishing in jail since 18.7.2023 and if they are granted the liberty of bail they will not misuse the same and would cooperate in the trial proceedings. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicants. Considering the facts and circumstances of the case and taking into account the fact that the accused-applicants have been enlarged on bail in the cases shown in the gang-chart and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicants on bail. Let applicants Shilu Yadav and Rishi Yadav be released on bail in the above case crime number and on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants 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 applicants 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 applicants 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 applicants shall also give an undertaking to the effect that they will not change their address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 19.10.2023 Faridul High Court of Judicature at Allahabad