Allowed

Bharat Singh v. State of U.P.

Allahabad HC16 Jan 2019BAIL/2068/2019

Case brief

AI extract

What is this about?

The High Court of Uttar Pradesh granted bail to Bharat Singh, accused under Sections 2/3 of the Gangsters Act, addressing his failure to appear in court previously. Bail was granted with strict conditions regarding attendance, adjournments, and the direction to expedite the trial.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties of Rs. 2 Lacs each, subject to strict conditions regarding court attendance and prohibitions on seeking adjournments.

Bharat Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2068 of 2019

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Applicant :- Bharat Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Lakshman Singh, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant on 28.10.2016 and in pursuance of the same, he was arrested on 17.11.2018. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 17.11.2018.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Bharat Singh involved in Case Crime No. 325 of 1999, under Section 2/3 Gangsters Act, Police Station Kotwali Konch, District Jalaun be released on bail on his furnishing a personal bond with two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(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

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abuse of liberty of bail and pass orders in accordance with law.

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(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.

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(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.

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(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.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 16.1.2019 Arti

Bharat Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bharat Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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