Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24121 of 2021

Applicant :- Javed @ Kaluwa

Opposite Party :- State of U.P.

Counsel for Applicant :- Brij Raj Singh,Vijay Prakash Singh Kushwaha

Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and

perused the material on record.

The present bail application has been filed by the applicant with a prayer to

enlarge him on bail in Case Crime No.125 of 2021, under Section 2/3 of U.P.

Gangster Act, P.S. Ganjdundwara, District Kasganj.

Learned counsel for the applicant submits that as per gang chart, two cases have

been shown against the applicant in which he has been enlarged on bail by the

court below, which is explained in para 6 of the affidavit filed in support of bail

application. Apart from gang chart four more criminal cases are registered

against the applicant. In Case Crime No.206 of 2017, under Section 2/3 U.P.

Gangster Act & Case Crime No.156 of 2018, under Section 3/5/8 Cow Slaughter

Act, applicant has been enlarged on bail by the court below, in Case Crime No.

317 of 2018 discharge application is pending before the trial court, and in Case

Crime No. 42 of 2020, under Section 3/5/8 of Cow Slaughter Act Final Report

has been submitted by the investigating officer. The cases have been explained

in para nos.3,4,5,6 and 8 of the affidavit filed in support of bail application. He

further submits that there is no possibility of the applicant of fleeing away from

the judicial process or tampering with the witnesses and, in case, the applicant is

enlarged on bail, the applicant shall not misuse the liberty of bail and the

applicant is languishing in jail since 08.04.2021.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could

not dispute the aforesaid fact.

Considering the facts and circumstances of the case, submissions advanced by

learned counsel for the parties, enlargement of applicant on bail in the cases

mentioned in the gang chart and in other cases registered against the applicant as

well as final report submitted in Case Crime No.42 of 2020, discharge aplication

pending in Case Crime No.317 of 2018 and perusing the material on record,

without expressing any opinion on merit of the case the applicant is entitled for

bail, let the applicant Javed @ Kaluwa 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 will not tamper

with the evidence and will not pressurize/intimidate the prosecution witnesses

and will cooperate with the trial. The applicant 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 deliberat