Allowed

Indresh Verma @ Akhilesh Singh @ A.K. Singh v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Allahabad HC13 Oct 2023/9184/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an applicant who underwent trial for over a decade under the Arms Act. He could not appear due to illness, leading to non-bailable warrants. The Court granted bail on personal bond and sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in the like amount, subject to conditions of no tampering with evidence and appearing on all fixed dates.

Indresh Verma @ Akhilesh Singh @ A.K. Singh… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:67286

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9184 of 2023

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Applicant :- Indresh Verma @ Akhilesh Singh @ A.K. Singh Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko

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Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rehan Ahmad Siddiqui, learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Sessions Trial No.204 of 2012, Case Crime No. 337 of 2012, under Section 4/25 Arms Act, registered at Police Station Rudauli, District Faizabad.

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Initially the applicant was granted bail in the present case by means of an order dated 04.07.2012, passed by learned Sessions Judge, Faizabad. The applicant continued to attend the proceedings of the trial for more than a decade but he could not appear due to his illness subsequently, and 09.11.2022 nonbailable warrants were issued against the applicant. The applicant appeared before the court and filed an application for recall of the warrant which was rejected by means of an order dated 25.04.2023. The applicant was arrested and sent to prison. The reason for the non-appearance of the applicant has been shown to be his illness and some documents have been annexed in support of his claim.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that earlier the applicant was granted bail in the present case by learned Sessions Judge; that the applicant continued to attend the proceedings for more than a decade and thereafter he could not appear due to his illness and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Indresh Verma @ Akhilesh Singh @ A.K. Singh be released on bail in Sessions Trial No.204 of 2012, Case Crime No. 337 of 2012, under Section 4/25 Arms Act, registered at Police Station Rudauli, District Faizabad 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 shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Order Date :- 13.10.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Indresh Verma @ Akhilesh Singh @ A.K. Singh v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

Indresh Verma @ Akhilesh Singh @ A.K. Singh v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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