Allowed

Chandra Bhushan Singh v. State of U.P.

Allahabad HC23 Jan 2023BAIL/2960/2023

Case brief

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What is this about?

Criminal Misc. Bail Application wherein the High Court allowed bail to the applicant in a case under the U.P. Gangster Act, directing release on personal bond and sureties with specific conditions to prevent tampering and ensure appearance.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount with conditions to appear and not influence witnesses.

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

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2960 of 2023 Applicant :- Chandra Bhushan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.512 of 2021 at Police Station-Kotwali, DistrictDeoria under Section 3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 11.05.2021.

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The bail application of the applicant was rejected by the learned trial court on 20.01.2022.

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The following arguments made by Shri Manoj Kumar Maurya, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malivya, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

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(1). The applicant has been enlarged on bail in the three criminal cases depicted in the gang chart. (2). He is not a member of any criminal gang. (3). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the

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proficiency of the police investigators. The said criminal cases do not depict commission of any heinous criminal offence. The said cases do not have any bearing on the instant bail application. (4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Chandra Bhushan Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 23.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Chandra Bhushan Singh v. State of U.P.

Case brief

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Chandra Bhushan Singh v. State of U.P.

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