Allowed

Jaypal @ Jagpal Singh v. State of U.P.

Allahabad HC22 Sept 2023BAIL/12214/2023

Case brief

AI extract

What is this about?

Holding that the applicant is entitled to bail in a case under the U.P. Gangsters and Antisocial Activities Act, 1986, relying on the submission that the applicant would not commit offenses or tamper with evidence on bail.

What did the court decide?

The applicant, Jaypal @ Jagpal Singh, is released on bail on a personal bond and two sureties on the condition that he appears in court and does not tamper with evidence or influence witnesses.

Jaypal @ Jagpal Singh Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184449

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12214 of 2023

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Applicant :- Jaypal @ Jagpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Alka Upadhyay,Manish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No.287 of 2022 , under Section 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station-Bewar, District-Mainpuri, during the pendency of trial.

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Learned counsel for the applicant submits that according to the gang chart, two cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in another case. In the said case also he has been enlarged on bail.

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He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.

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It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail nor would try

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to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 01.07.2022.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4) (b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Jaypal @ Jagpal Singh , involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses; and,

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

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Order Date :- 22.9.2023 Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad

Jaypal @ Jagpal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jaypal @ Jagpal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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