Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 82 of

2023

Applicant :- Mohd. Gulam Gaus @ Chhotu

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Shishir Pradhan

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Renu Agarwal,J.

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

State and perused the record.

The present application under Section 439 Cr.P.C. has been

filed seeking bail in Case Crime No.0476 of 2021, under

Sections 2/3 of the U.P. Gangsters & Anti Social Activities

(Prevention) Act, 1986, Police Station Unchahar, District

Raebareli.

Learned counsel for the accused-applicant submitted that

according to the gang-chart (Annexure No.2), three cases have

been shown against the accused-applicant, in which he has been

enlarged on bail. Copy of the bail orders annexed with the

affidavit filed in support of the bail application. The applicant is

languishing in jail since 10.08.2021, therefore, the accused-

applicant may be enlarged on bail.

On the other hand, learned A.G.A. has opposed the prayer for

bail but could not dispute the aforesaid fact as argued by

learned counsel for the applicant.

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 and without expressing

any opinion on the merits of the case, it would be appropriate to

enlarge the accused-applicant on bail.

Let applicant Mohd. Gulam Gaus @ Chhotu 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.

(Mrs. Renu Agarwal,J.)

Order Date :- 5.1.2023

Zafar

Digitally signed by :-

MOHAMMAD ZAFAR ANSARI

High Court of Judicature at Allahabad,

Lucknow Bench