Allowed

Tribhuwan Singh v. State of U.P.

Allahabad HC28 Aug 2023BAIL/37798/2023

Case brief

AI extract

What is this about?

Single judge bail application under Cr.P.C. 439 for accused in a case under U.P. Gangsters and Anti Social Activities Act. Court granted bail after noting thirteen-year jail term and lack of reasonable apprehension of tampering, directing bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and appear on fixed dates.

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

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Neutral Citation No. - 2023:AHC:172687

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37798 of 2023

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Applicant :- Tribhuwan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sudist Kumar,Suraj Kumar Singh 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 as well as Sri Sanjay Kumar Singh, learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 18 of 1990 (S.T. No. 27 of 1991), under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Saidpur, District Ghazipur, during the pendency of the trial.

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While pressing this bail application, learned senior counsel for the applicant contends that the applicant is in jail since 16.03.2010. The maximum punishment provided under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 is for a term of ten years. Further, the applicant is not a gang leader nor a member of any gang and in all the cases shown in the gang chart, the applicant has been granted bail.

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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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Having regard to the submissions made above and the fact that the applicant has remained confined for more than thirteen years and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Tribhuwan Singh , involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court

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concerned on the following conditions that:

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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; and,

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

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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 :- 28.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Tribhuwan Singh v. State of U.P.

Case brief

What is this about?

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Tribhuwan Singh v. State of U.P.

Case brief

What is this about?

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