Allowed

Satendra Singh v. State of U.P.

Allahabad HC13 Jul 2022BAIL/13975/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail application of Satendra Singh in a case under the U.P. Gangsters Act. Considering his criminal history and previous acquittals, the Court granted bail subject to specific conditions including presence in court and undertaking not to tamper with evidence.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two local sureties subject to conditions of presence and non-tampering.

Satendra Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13975 of 2022

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Applicant : Satendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0541 of 2021, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station Kannauj, District Kannauj.

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Learned counsel for the applicant submits that as per gang chart a single case is registered against the applicant in which he has been enlarged on bail from the court below which has been explained in para 4 of the affidavit filed in support of bail application. Apart from the case registered in gang-chart the applicant has criminal history of 18 cases out of which in 12 cases he has been also enlarged on bail by the court below and four cases has already ended which has been explained in para 5 of the affidavit filed in support of bail application. He further submits that in 2 cases he has been acquitted by the court below which has been explained in para 6 of the affidavit. He next submits that applicant has been falsely implicated in the case. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and applicant is languishing in jail since 13.8.2021.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that applicant has criminal history of 18 cases apart from gang-chart, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of applicant on bail in the case registered against him in the gang chart as well as in other 12 cases, acquittal in two cases and four cases ended by elapse of time, without

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expressing any opinion on merit of the case, the applicant is entitled for bail, let applicant- Satendra Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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Order Date :- 13.7.2022 m.a.

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Digitally signed by MOHAMMAD AYYUB Date: 2022.07.15 10:22:23 IST Reason: Location: High Court of Judicature at Allahabad

Satendra Singh v. State of U.P.

Case brief

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Satendra Singh v. State of U.P.

Case brief

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