The Hon'ble Harsh Kumar, J. granted bail to Awadhesh @ Chunnu Singh in a criminal bail application. The court considered the co-accused's bail, NCR status of cases, and the total circumstances, finding it a fit case for bail without deciding the merits.
Applicant released on bail by furnishing a personal bond and two sureties.
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Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17850 of 2019
Applicant :- Awadhesh @ Chunnu Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This is second bail application and the first bail application was dismissed for non-prosecution.
Learned counsel for applicant contended that the applicant has been falsely implicated in this case under Section 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986; that as per Gang Chart at annexure-3 four cases have been shown against the name of applicant out of which cases at Sl. Nos. 2 and 3 are NCRs and in Case Crime No.437 of 2008 under Section 302 I.P.C. applicant was convicted while in Case Crime No.438 of 2008 at Sl.No.4 under Section 3/25 Arms Act he was acquitted by one and the same order dated 24.2.2012, at annexure-4; that applicant filed Criminal Appeal No.1178 of 2012 against his conviction in Case Crime No.437 of 2008 and has been granted bail vide order dated 30.3.2019, annexure-5; that there is no other case against applicant; that co-accused Santosh Singh has been granted bail vide order dated 30.11.2009 passed in Criminal Misc. Bail Application No.31285 of 2009, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 16.10.2008.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of
the case, I find it a fit case for bail.
Let the applicant Awadhesh @ Chunnu Singh be released on bail in S.T. No.18 of 2010 arising out of Case Crime No.74 of 2009, under Sections 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Ataraulia, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 17.5.2019 VS
1 issue framed by the court
Whether grant of bail is appropriate in the second bail application filed by the applicant charged under the Gangster and Anti-Social Activities (Prevention) Act.
1 provisions across 1 enactments
Awadhesh @ Chunnu Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
