The High Court allowed bail to Malkhan Singh in a case under U.P. Gangsters Act, disapplying prior orders and imposing standard bail conditions including furnishing bond and sureties, with modifications for theCovid-19 lockdown situation.
Released on bail subject to personal bond and two sureties with specific conditions of appearance before trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26563 of 2020
Applicant :- Malkhan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
(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 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.
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
" Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release. "
Order Date :- 9.9.2020 Abhilash
1 issue framed by the court
Whether the applicant entitled to bail under U.P. Gangsters and Anti-Social Activities (Prevention) Act
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 15934 of 2019Referred¶7
Criminal Misc. Bail Application No. 23402 of 2019Referred¶7
Vijay Pratap Verma Vs. State of U.P.Followed¶8
Criminal Misc. Bail Application No. 11973 of 2020 (Vijay Pratap Verma Vs. State of U.P.)
In re vs. State of U.P.Followed¶19
Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.)
5 provisions across 3 enactments
Malkhan Singh
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
