Allowed

Vishal Singh v. State of U.P.

Allahabad HC17 Oct 2022BAIL/9072/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Vishal Singh in a case under the U.P. Gangster and Anti-Social Activities Act. The applicant had already been granted bail in other cases under this act. The court ordered his release on personal bond and two sureties subject to specific conditions.

What did the court decide?

Release on bail via personal bond and two sureties subject to conditions regarding evidence tampering, witness influence, court appearance, and inducement.

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9072 of 2022

¶3

Applicant :- Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Shri Ashutosh, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State and perused the record.

¶6

2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 199 of 2020, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S.Tarwa, District Azamgarh.

¶7

3.The gang-chart mentions involvement of the applicant in six cases and in all the cases the applicant has been granted bail. Copies of the bail orders have been annexed along with the affidavit and supplementary affidavit filed in support of the bail application.

¶8

4.In has been averred in the affidavit that apart from the cases mentioned in the gang-chart the applicant is also involved in eight other cases and in all the cases the applicant has been granted bail. Copies of the bail orders have been annexed along with the affidavit and supplementary affidavit filed in support of the bail application.

¶9

5.It has also been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 16-032021.

¶10

6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.

¶11

Having regard to the facts that the applicant has already been granted bail in all the cases mentioned in the gang-chart and that the applicant is languishing in jail since 16-03-2021, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

¶12

8.Let the applicant - Vishal Singh be released on bail in Case Crime No. 199 of 2020, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S.Tarwa, District Azamgarh on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not influence any witness.

¶15

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

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

¶17

9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

¶18

Order Date :- 17.10.2022

¶19

pks

¶20

Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.19 11:41:29 IST Reason: Location: High Court of Judicature at Allahabad

Vishal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Vs State of U.P.

Dinesh Kumar Vs State of U.P.

Nitesh and Another Vs State of U.P.

Vinay Kumar Vs State of U.P.

Shanu and Another Vs State of U.P.

Sharif Vs State of U.P and Another