HIGH COURT ALLOWED BAIL TO ABHAY SINGH in criminal case under Uttar Pradesh Gangster Act. Bench relied on parity of co-accused and statutory provision without determining merits.
Applicant released on bail after executing personal bond and furnishing two sureties with standard bail conditions.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52413 of 2022
Applicant :- Abhay Singh @ Billu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
This is an application for bail on behalf of the applicant, Abhay Singh @ Billu Singh, in Case Crime No. 28 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Saidpur, District Ghazipur.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case on account of his involvement in a substantive offence mentioned in the gang chart, namely, Case Crime No. 523 of 2020, under Sections 147, 148, 149, 323, 504, 506, 307, 427, 396, 412 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Saidpur, District Ghazipur. It is next argued that the applicant has been enlarged on bail by another coordinate bench of this Court vide order dated 12.10.2022 passed in Criminal Misc. Bail Application No. 18232 of 2021.
It is further submitted that co-accused, Arvind Singh, Sundaram Singh and Riyazul Khan, identically circumstanced as the applicant, have been enlarged on bail by the Special Judge, Gangster Act, Ghazipur vide orders dated 26.05.2022, 12.05.2022 and 30.04.2022 passed in Bail Application Nos. 1117 of 2022, 985 of 2022 and 866 of 2022, respectively. Coaccused Rakesh Singh @ Guddu Hadi and Vishal Singh have also been enlarged on bail by the Incharge Additional Sessions Judge/F.T.C.-I/Special Judge (Gangster Act), Ghazipur vide orders dated 28.09.2022 and 02.11.2021 passed in Bail Application Nos. 2206 of 2022 and 2162 of 2021, respectively. It is submitted that the applicant is also entitled to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 12.02.2021 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.
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 the applicant is on bail in one substantive offence, the fact that coaccused, Arvind Singh, Sundaram Singh, Riyazul Khan, Rakesh Singh @ Guddu Hadi and Vishal 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.
The bail application, accordingly, stands allowed .
Let the applicant, Abhay Singh @ Billu Singh , involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
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.
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.
Order Date :- 21.11.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.11.22 09:46:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering parity of co-accused and Section 19(4)(b) of the Gangster Act without expressing opinion on merits.
1 provisions across 1 enactments
Abhay Singh @ Billu Singh
State of U.P.
Surendra Singh I
Brijesh Maurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
