Vipin Kumar Singh Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Vipin Kumar Singh Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Vipin Kumar Singh to be released on bail in Case Crime No. 149 of 2022 on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (i)-(iv) (no tampering with evidence; no criminal activity; no threat to informant/witnesses and cooperation in investigation; regular appearance before the trial court unless exempted), with liberty to the court below to cancel bail on breach.

Issue for consideration

Whether the applicant Vipin Kumar Singh should be enlarged on bail in Case Crime No. 149 of 2022 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Khukhundu, District Deoria.

Court's answer

Having heard counsel for both parties and considered the material on record, the nature of accusations and the severity of punishment in the event of conviction, but without commenting on the merits of the case, a case for bail is made out and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not tampering with evidence; (ii) not indulging in any criminal activity; (iii) not threatening the informant and witnesses and cooperating in the investigation; and (iv) appearing regularly on each date fixed by the trial court unless personal appearance is exempted through counsel.

Key takeaways

In the event of breach of any of the bail conditions, the learned court below will take recourse to the law of cancellation of bail of the applicant.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Gajendra Kumar, J.), Criminal Misc. Bail Application No. 50055 of 2022, order dated 9.11.2022: bail granted to applicant Vipin Kumar Singh in Case Crime No. 149 of 2022 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Khukhundu, District Deoria. Counsel for the applicant submitted that only one case was shown in the gang chart, in which the applicant had already been enlarged on bail (bail order annexed as Annexure-3), and that he had no other criminal history; the applicant was in jail since 26.08.2022. Without commenting on the merits, and considering the nature of accusations and severity of punishment, the Court found a case for bail and directed release on a personal bond with two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-threatening of informant/witnesses with cooperation in investigation, and regular appearance before the trial court; breach of any condition permits the court below to proceed with cancellation of bail.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50055 of 2022

Applicant :- Vipin Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the respective parties.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.149 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station- Khukhundu, DistrictDeoria.

Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is further submitted that one case has been shown in the gang chart against the applicant, in which he has already been enlarged on bail, copy of the bail order has been annexed with the bail application as Annexure-3. He further submits that applicant has no criminal history except the aforesaid cases. It is next urged that there is no possibility of his fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 26.08.2022, hence, he is entitled to bail.

Learned A.G.A. vehemently opposes bail.

Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

Let the applicant, Vipin Kumar Singh, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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

(ii) The applicant shall not indulge in any criminal activity.

(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

(iv) The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.

Order Date :- 9.11.2022 Shiv

Digitally signed by SHIV KUMAR SHARMA Date: 2022.11.10 09:21:07 IST Reason: Location: High Court of Judicature at Allahabad