Allowed

Gyan Singh v. State of U.P.

Allahabad HC11 Feb 2022BAIL/47754/2021

Case brief

AI extract

What is this about?

High Court Court No. 44 granted bail to Gyan Singh in a case under IPC (420, 467, 468, 471, 120-B) and IT Act (66D). The court held it was a fit case for bail, considering overcrowding due to the pandemic, without evaluating the merits of the allegations.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned.

Gyan Singh Vs State of U.P. — Money Laundering | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47754 of 2021

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Applicant :- Gyan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava

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Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 318 of 2021, under Sections 420, 467, 468, 471, 120-B IPC & Section 66D of I.T. Act, Police Station B.B. Nagar, District Bulandshahar.

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Contention is that the alleged offence is of 13.6.2021 wheereas the F.I.R. has been lodged after a month on 12.7.2021 in which no recovery is made from the applicant. It is also stated that applicant has no criminal history and merely because his name has been used as agent in issuance of SIM Card does not mean that the applicant is involved in commissioning of the offence itself. Applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 6.8.2021. It is further argued that the trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned A.G.A. opposes the bail application.

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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 application on behalf of accused person.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Gyan Singh be released on bail in the

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aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 11.2.2022 Anil

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Digitally signed by ANIL KUMAR PATEL Date: 2022.02.14 16:21:22 IST Reason: Location: High Court of Judicature at Allahabad

Gyan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gyan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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