The Allahabad High Court allowed the bail application of Rajkumar Singh, an applicant on bail in other related cases, granting release in Case Crime No. 31 of 2023 under the U.P. Gangster Act subject to standard conditions.
Release on bail with a personal bond and two sureties on conditions not to tamper with evidence or influence witnesses.
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Neutral Citation No. - 2023:AHC:126970
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24994 of 2023
Applicant :- Rajkumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard the learned counsel for the applicant and the learned A.G.A. for the State.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 31 of 2023, under Section 3(1) of U.P. Gangster and Prevention of Anti-Social Activities Act, 1986, P.S.- Tamkuhiraj, District- Kushinagar.
It is contended by learned counsel for the applicant that applicant is an innocent person, who has been falsely implicated in four cases shown in the gang chart, in which he is already on bail. The applicant has no other criminal history except one more, which is already explained in paragraph '13' of the affidavit. The applicant is languishing in jail since 08.10.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the aforesaid case.
Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has already been granted bail in the cases mentioned in the gang-chart; that he has already explained the criminal history.
I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is, accordingly, allowed.
Let the applicant- Rajkumar Singh be released on bail in Case Crime No. 31 of 2023, under Section 3(1) of U.P. Gangster and Prevention of Anti-Social Activities Act, 1986, P.S.- Tamkuhiraj, District- Kushinagar 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
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.
Order Date :- 15.6.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the pending trial under the U.P. Gangster Act.
1 provisions across 1 enactments
Rajkumar Singh
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
