This Court allowed the bail application of Bhagwan Singh, an applicant aged about 74 years who surrendered after falling ill and missing court dates. The Court directed release on personal bond and suitable sureties.
Released on bail on personal bond and two sureties with conditions of appearance and non-tampering.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56216 of 2022
Applicant :- Bhagwan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in G.S.T. No. 711 of 2020, arising out of Case Crime No. 15 of 1998, under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gonda, District Aligarh during the pendency of the trial.
It is contended that the applicant was earlier granted bail by the Court below on 24.03.1998. Thereafter the applicant was regularly appearing before the court concerned. It is next contended that the applicant, who is an old man aged about 74 years, fell ill, due to which he could not appear before the Court concerned. Consequently, on account of his non-appearance non-bailable warrant has been issued against the applicant on 13.05.2019. The applicant surrendered before the court below on 17.10.2022 and since then he is in jail. Learned counsel for the applicant submits that the applicant shall appear on each and every date and shall not misuse the privilege of bail in future.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Bhagwan Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.1.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, an aged individual who surrendered after non-appearance, is entitled to bail in a pending trial under the U.P. Gangsters Act.
1 provisions across 1 enactments
Bhagwan Singh
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
