Allahabad High Court
Nagesh Kashyap vs State Of U.P. on 1 August, 2019
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- BAIL No. - 7367 of 2019
Applicant :- Nagesh Kashyap
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Awasthi,Azmi Yousuf
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been filed by the accused-applicant, who is involved in Case Crime No.0409 of 2019, under section 2(b) (1)/3 of Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Nighasan, District Lakhimpur Kheri.
Learned counsel for the applicant submits that in the gang chart only one case is shown against the accused applicant wherein he has been released on bail. It is further submitted that no other case is pending against him. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses . In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Let the applicant-Nagesh Kashyap, involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned on following conditions which are being imposed in the interest of justice:-
1.The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2.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.
3.In case, the applicant misuses the liberty of bail 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.
4.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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 1.8.2019
GSY
