Criminal Miscellaneous Bail Application in which the court granted bail to a seriously ill applicant accused under the U.P. Gangster Act, allowing one more opportunity with strict conditions while not expressing an opinion on merits.
Bail allowed subject to personal bond and two sureties with conditions against tampering, intimidation, and further offences.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33831 of 2018
Applicant :- Sintoo Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Initially the accused was on bail and due to his absence, N.B.W. was issued on 23.8.2017 and he was arrested by the police on 11.8.2018 till then he is languishing in jail (near about one month).
Learned counsel for the applicant submitted that applicant was seriously ill due to which he could not appear before the Court; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.
Learned AGA opposed the prayer for bail.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.
Let applicant Sintoo Singh involved in Case Crime No. 543 of 2007, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Haraiya, District - Basti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 6.9.2018
A. Singh
1 issue framed by the court
Whether bail should be granted to the applicant who was initially on bail and later arrested on N.B.W. due to absence.
1 provisions across 1 enactments
Sintoo Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
