Allahabad, Mar 19 (ILNS) The Allahabad High Court has granted conditional bail to Niyaz, a close aide of former Uttar Pradesh MP and gangster Ateeq Ahmed, under Section 2/3 of the UP Gangsters and the Anti Social Activities (Prevention) Act.
Justice Sanjay Kumar Singh on Wednesday passed this order, while hearing an application filed by Niyaz’s lawyer Shadab Ali, praying to release him on bail in a case registered against him under police station Dhoomanganj, district Prayagraj, during the pendency of trial.
Mr Ali informed the Court that a case was lodged against five people, including Yachty and Ahmed under the Gangster Act, adding that Niyaz was not a member of any gang. He has been falsely implicated in the case due to police rivalry. He is not even convicted in any case, added the lawyer.
Mr Ali said there were two earlier cases against the petitioner, in which he has been granted bail. Later six more cases were added, out of which, he got bail in four, while in the fifth one, the final report was submitted.
Due to the large number of cases pending in the courts, the trial of the petitioner was unlikely to be completed in the near future. The petitioner was not a previous convict. He has been languishing in jail since October 2, 2020 and in case he was granted bail, he would not misuse the liberty, assured the lawyer.
However, the Additional Government Advocate (AGA) opposed the bail application by contending that Niyaz was a member of a gang and habitual of committing crime. In case he was released on bail, he would again indulge in similar anti-social activities and misuse the bail by extending threat and intimidation to the prosecution witnesses, noted the AGA.
“Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the Counsel for the respondents, I am of the view that the applicant has made out a fit case for bail”, the Court observed.
The High Court ordered that the applicant Niyaz be released on bail in the case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:‐
(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 CrPC 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 CrPC. 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 shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order, ordered the Court. ILNS/SNG/RJ