Rambhan Singh @ Nanhe Vs State of U.P.

Court No. - 93

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43331 of 2022

Applicant :- Rambhan Singh @ Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Learned counsel for the applicant has produced before the Court bail orders of co-accused, Vinay, Surendra Pal Singh, Prem Pal and Narendra Pal Singh passed by different coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 35362 of 2022, 35301 of 2022, 35172 of 2022 and 35330 of 2022 vide orders dated 12.09.2022,30.08.2022, 30.08.2022 and 18.08.2022, respectively. These are taken on record.

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This is an application for bail on behalf of the applicant, Rambhan Singh @ Nanhe, in Case Crime No. 222 of 2022, under Section 2/3 of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Islamnagar, District Budaun.

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Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.

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The submission of the learned Counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is submitted that he has been implicated in the present case on account of his involvement in four substantive offences, the leading case whereof as mentioned in the gang chart is Case Crime No. 247 of 2021, under Sections 147/149/302/34/427 I.P.C.,Police Station Islamnagar. It is next argued that the applicant has been admitted to bail in the said substantive offence, copy of the bail order whereof is annexed as Annexure No. 3 to the affidavit filed in support of the bail

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application. It is submitted that apart from the solitary case shown in the gang chart, three more cases have also been registered against the applicant. It is submitted that the applicant has explained all the criminal cases registered against him in paragraph no. 9 of the affidavit filed in support of the bail application. It is further submitted that co-accused Vinay, Surendra Pal Singh, Prem Pal and Narendra Pal Singh, identically circumstanced as the applicant, have been enlarged on bail by different co-ordinate benches of this Court vide orders dated 12.09.2022, 30.08.2022, 30.08.2022 and 18.08.2022 passed in Criminal Misc. Bail Application Nos. 35362 of 2022, 35301 of 2022, 35172 of 2022 and 35330 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 07.08.2021 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that coaccused, Vinay, Surendra Pal Singh, Prem Pal and Narendra Pal Singh, similarly situate as the applicant, have already been enlarged on bail, and taking note of Section 19(4)(b) of the Gangsters Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed .

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Let the applicant, Rambhan Singh @ Nanhe , involved in the aforesaid case be released on bail on executing his personal

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bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the Trial Court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 13.12.2022 Brijesh Maurya

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Digitally signed by BRIJESH KUMAR Date: 2022.12.13 16:53:24 IST Reason: Location: High Court of Judicature at Allahabad

Rambhan Singh @ Nanhe v. State of U.P.

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Rambhan Singh @ Nanhe v. State of U.P.

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