Allowed

Nihal Singh v. State of U.P.

Allahabad HC24 Mar 2023BAIL/13210/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a criminal case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The court noted the applicant had two other pending cases where he was on bail but observed he had not been chargesheeted in one and a closure report filed in the other.

What did the court decide?

Release on bail with a personal bond and two heavy sureties subject to conditions regarding residence verification, avoiding witness tampering, cooperation in trial, and abstinence from future crimes.

Nihal Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13210 of 2023

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Applicant :- Nihal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 21 of 2023, registered under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Mahawan, DistrictMathura during pendency of the trial.

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It has been submitted by learned counsel for the applicant that two cases are shown in the gang chart in which he is already on bail. That though there is a criminal antecedent of two more cases against the applicant.

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It is further contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the aforesaid cases. The applicant is languishing in jail since 10.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. opposed the prayer for bail but he could not dispute the fact but the applicant has not been chargesheeted in one of the case and a Closure Report has been filed in the other case as per Annexure SA1 and SA2 of the supplementary affidavit.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Nihal Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy

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sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 24.3.2023 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Nihal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nihal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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