Allowed

Rajesh Singh v. State of U.P.

Allahabad HC7 Jun 2021BAIL/4527/2021

Case brief

AI extract

What is this about?

In this bail application under the Uttar Pradesh Gangsters and Anti-Social Activities Act, the High Court allowed the applicant's release on bail, finding merit in his counsel's submission that his prior cases were not relevant to the instant charge.

What did the court decide?

The applicant Rajesh Singh was released on bail in Case Crime No.13 of 2020 upon furnishing a personal bond and two sureties, subject to specific conditions including appearance before the trial court

Rajesh Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4527 of 2021

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Applicant :- Rajesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Subedar Mishra, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.13 of 2020 at Police Station-G.R.P. Jaunpur, District-Jaunpur on 21.02.2020 under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

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The bail application of the applicant was rejected by learned Incharge Additional District and Sessions Judge/Special Judge (Gangster Act), Jaunpur on 02.06.2020.

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The applicant is in jail since 21.02.2020, pursuant to the said F.I.R.

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Sri Subedar Mishra, learned counsel for the applicant contends that the applicant has been enlarged on bail in the three criminal cases depicted in the gang chart. The applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. Apart from the above said cases, the applicant does not have any criminal history. Lastly it is submitted by Sri

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Subedar Mishra, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He however points out certain criminal history of the applicant.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard learned counsel for the parties, I find that the cases shown in the criminal history of the applicant do not have any bearing of the instant bail application.

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I see merit in the submissions of Sri Subedar Mishra, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Rajesh Singh be released on bail in Case Crime No.13 of 2020 at Police Station-G.R.P. Jaunpur, District-Jaunpur registered on 21.02.2020

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under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, 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:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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. (iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vi) 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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Order Date :- 7.6.2021 Ashish Tripathi

Rajesh Singh v. State of U.P.

Case brief

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Rajesh Singh v. State of U.P.

Case brief

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