Bail application by Jitendra Kumar Singh in a case under U.P. Gangsters Act. Court granted bail on a personal bond and two sureties, imposing conditions against tampering with evidence and pressuring witnesses.
Released on bail on furnishing a personal bond and two sureties of like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59075 of 2022
Applicant :- Jitendra Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Prasad Tripathi,Dharmendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri V.S. Rajbhar, 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 Case Crime No. 0303 of 2022, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Lalganj, District Mirzapur during the pendency of the trial.
Learned counsel for the applicant submits that according to the gang chart, copy of which has been filed as annexure-2 to the affidavit, one case is pending against the applicant. In the aforesaid case the applicant has been enlarged on bail, copy of the bail order is filed as annexure-3 to the affidavit. The applicant is neither leader nor member of any gang and he has been falsely implicated in the instant case. The applicant is in jail since 20.11.2022 and in case he is enlarged on bail, he will not misuse the said liberty.
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- Jitendra Kumar 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 concerned on the following conditions that :
witnesses; and,
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 is entitled to bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
2 provisions across 2 enactments
Jitendra Kumar Singh
Vivek Varma
Shiva Kant Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
