Allowed

Gyanendra Singh v. State of U.P.

Allahabad HC23 Nov 2020ABAIL/7751/2020

Case brief

AI extract

What is this about?

Criminal Misc. Anticipatory Bail Application allowed. Applicant directed to be released on personal bond with two sureties subject to specified conditions including non-export, passport surrender, and appearance at trial dates, without expression of opinion on merits.

What did the court decide?

Released on anticipatory bail on furnishing personal bond with two sureties subject to specified conditions.

Gyanendra Singh Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7751 of 2020

¶3

Applicant :- Gyanendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dev Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Supplementary affidavit filed is taken on record.

¶6

Heard learned counsel for the applicant and learned AGA for the State.

¶7

Order on Criminal Misc. Exemption Application

¶8

This exemption application is allowed.

¶9

Order on Criminal Misc. Anticipatory Bail Application

¶10

The instant anticipatory bail application has been filed on behalf of the applicant, Gyanendra Singh , with a prayer to release him on bail in Case Crime No. 59 of 2020, under Sections- 366 and 376 IPC, Police Station- Ahaar, DistrictBulandshahar, during pendency of trial.

¶11

The submission is that there was no allegation against the applicant in the FIR. The role of committing rape has been assigned to co-accused, Amit and another co-accused, Yogita, has been assigned the role of facilitator in the offence. The applicant has only alleged to have brought back the victim along with father of main accused, Rakesh. Co-accused persons, Yogita and Rakesh, have already been enlarged on anticipatory bail vide Crl. Misc. Anticipatory Bail Application Nos. 4289 of 2020 and 4245 of 2020 respectively. The applicant has definite apprehension that he may be arrested by the police any time.

¶12

Learned AGA has opposed the prayer for anticipatory bail of the applicant.

¶13

Hence the applicant is directed to be enlarged on anticipatory bail without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020

¶14

SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶15

Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

¶16

The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

¶17

The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

¶18

That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

¶19

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 to ensure presence of the applicant.

¶20

In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 .

¶21

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.

¶22

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶23

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the

¶24

official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶25

Order Date :- 23.11.2020 Rohit

Gyanendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gyanendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Avinash Bhatt Vs State of U.P. and Anr.

Mohd. Taiyab Vs State of U.P.

Veerabhadram Vislavath and 3 Others Vs State of U.P.and 2 Others

Bhayankar Singh Vs State of U.P.

Mohsin Vs State of U.P.

Wajid and Another Vs State of U.P.