Allahabad High Court
Yashpal Singh vs State Of U.P. on 24 September, 2014
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31725 of 2014
Applicant :- Yashpal Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghvendra Prakash
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Raghuvendra Prakash, learned counsel for the applicant and Sri L.D. Rajbhar, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that two cases have been shown against the applicant in the Gang Chart which have been annexed at page 20 of the bail application and in the said cases, the applicant has been granted bail by the competent Court. The applicant is in jail since 29.1.2014.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant-Yashpal Singh, involved in Case Crime No.116 of 1999, Special Case No.321 of 2007, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Siyana, district Bulandshahr be enlarged on bail on his executing a personal bond and furnishing two heavy sureties, each in 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.
The trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
Office is directed to send the certified copy of this order to the trial court for it's compliance.
Order Date :- 24.9.2014/Gaurav
