Allowed

Vikki Singh @ Vijay Singh v. State of U.P.

Allahabad HC21 Sept 2020BAIL/6970/2020

Case brief

AI extract

What is this about?

Allowed bail application of Vikki Singh @ Vijay Singh in a gangster cases under U.P. Act, 1986, directing release on personal bond and two sureties subject to specific conditions while courts are non-functional.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to specified conditions including prohibition of criminal activity and tampering with witnesses.

Vikki Singh @ Vijay Singh Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6970 of 2020

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Applicant :- Vikki Singh @ Vijay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application has been filed on behalf of the applicant, Vikki Singh @ Vijay Singh, with a prayer to release him on bail in Case Crime No. 230 of 2018 under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Ahraula, District- Azamgarh, during pendency of trial.

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According to the gang chart, the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the court concerned. Apart from the cases shown in the gang chart, the applicant has criminal history of 5 more cases which has been explained in paragraph 4 of the supplementary affidavit. The applicant is languishing in jail since 20.12.2016.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

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

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 21.9.2020 KS

Vikki Singh @ Vijay Singh v. State of U.P.

Case brief

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Vikki Singh @ Vijay Singh v. State of U.P.

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