Allowed

Monu Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC17 Jan 2023/691/2023

Case brief

AI extract

What is this about?

In a criminal bail application under the U.P. Gangsters Act, the Court granted bail to the applicant, Monu Singh, who had been in jail since August 2022. The release is conditional upon furnishing a personal bond with sureties and adhering to strict conditions regarding court appearances and trial proceedings.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two sureties in the amount to the satisfaction of the trial court, subject to specific conditions regarding court appearance and conduct.

Monu Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 691 of 2023

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Applicant :- Monu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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Learned counsel for the applicant has submitted that applicant is in jail since 17.08.2022 in Case Crime No. 419 of 2022, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Katra Bazar, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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Learned counsel for the applicant has drawn attention of this Court towards the gang-chart (Annexure No. 2 to the bail application), which indicates that there are two cases i.e. Case Crime No. 88 of 2022, under Sections 379, 411 IPC and Case Crime No. 90 of 2022, under Sections 411, 413 IPC, shown in the gang-chart against the applicant. In Case Crime No. 88 of 2022, the applicant has been enlarged on bail by the court below vide order dated 14.11.2022 and in Case Crime No. 99 of 2022, the applicant has been granted bail by a Co-ordinate Bench of this Court vide order dated 31.10.2022 passed in Crl. Misc. Bail Application No. 12137 of 2022. The bail orders are annexed as Annexure no. 3 collectively to the bail application. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated in this case. He has undertaken on behalf of the applicant that he shall abide by the terms and conditions of bail order so imposed and shall co-operate with the trial proceedings and shall never misuse the liberty of bail, if he is granted bail.

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Learned AGA has not disputed the aforesaid submissions of learned counsel for the applicant.

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Without entering into the merits of the case and considering the aforesaid facts, let applicant -Monu Singh be released on bail in the aforesaid cases crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 17.1.2023 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Monu Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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Monu Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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