Allowed

Jahan Singh v. State of U.P.

Allahabad HC18 Nov 2020BAIL/38539/2020

Case brief

AI extract

What is this about?

On a bail application under the UP Gangster Act, the High Court granted bail to the applicant, who was holding a personal bond in a related case, dismissing the State's submissions without detailed discussion on merits and imposing standard bail conditions.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to strict conditions including presence in court and no adjournments.

Jahan Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 83

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38539 of 2020

¶3

Applicant :- Jahan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Heard Sri Sunil Yadav, learned counsel holding brief of Sri Yashpal Yadav, learned counsel for the applicant and learned A.G.A. for the State.

¶6

A first information report was lodged against the applicant as Case Crime No.335 of 2020, at Police Station-Bidhnu, DistrictKanpur Nagar on 03.08.2020, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

¶7

The bail application of the applicant was rejected by learned trial court / learned Special Judge (Gangster Act)/learned Additional Sessions Judge, Court No.5, Kanpur Nagar on 18.09.2020.

¶8

The applicant is in jail since 26.02.2020 pursuant to the said F.I.R.

¶9

Sri Sunil Yadav, learned counsel holding brief of Sri Yashpal Yadav, learned counsel for the applicant contends that the applicant has been enlarged on bail in the solitary case depicted in the gang chart which has caused the institution of Case Crime No.335 of 2020 under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The order granting bail is appended to the bail application. It is also asserted that apart from the above said case the applicant does not have any criminal history.

¶10

Learned A.G.A. could not dispute the submissions from the record or upon instructions.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant- Jahan Singh be released on bail in Case Crime No.335 of 2020 under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986,

¶13

Police Station-Bidhnu, District-Kanpur Nagar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶14

(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.

¶15

(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.

¶16

(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.

¶17

(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.

¶18

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

¶19

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶20

(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.

¶21

(viii) If under orders of the Government any interim bail is granted to the applicant, then this order shall come into force only after completion of the period of the interim release aforesaid.

¶22

Order Date :- 18.11.2020 Ashish Tripathi

Jahan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jahan 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Anita Devi Vs State of U.P. and 4 Others

Pravar Sheel Baranwal Vs State of U.P. and 2 Others

Munna Lal Vishwakarma Vs State of U.P. and 3 Others

Sipahi Vs State of U.P.

Nazar Khan Vs State of U.P.

Yunus @ Kalua @ Kallu Vs State of U.P.