Allowed

Kaushal Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC4 Jan 2024/13055/2022

Case brief

AI extract

What is this about?

Bail application allowed in Arms Act case. Bench noted offences are triable by magistrate, co-accused granted bail, and applicant's criminal history explained. Bail granted with conditions and bond.

What did the court decide?

Released on bail on furnishing personal bond with two sureties subject to conditions of not tampering with evidence, cooperating in trial, and not committing further crimes.

Kaushal Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1022

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13055 of 2022

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Applicant :- Kaushal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amrendra Singh Somvanshi Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Amrendra Singh Somvanshi, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Kaushal Singh for grant of bail, in Case Crime No.320 of 2022, under Section 5/25 of the Arms Act, Police Station Kotwali Dehat, District Sitapur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and nothing has been recovered from the possession of the applicant as claimed by the prosecution.

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It is further submitted that the material, which has been shown by the prosecution as recovered from the applicant, may not be termed as a material, which may be used for manufacturing of any arms and ammunition as the same may be found in every village house as the same appears to have used in daily agricultural activities.

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It is further submitted that charged offences against the applicant are triable by magistrate and identically placed coaccused person of the crime namely Mahesh Pasi has been granted bail by coordinate Bench of this Court vide order dated 12.12.2023 passed in Criminal Misc. Bail Application No.13012 of 2022.

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It is next submitted that applicant is in jail in this case since 26.08.2022 and criminal history of two cases is being alleged against the applicant, however, in one of such cases, bearing Case Crime No.147 of 2021, under Sections 302 I.P.C. and 3(2) (IV) of the S.C./S.T. Act, Final Report/Closure Report has been submitted by the investigating officer and till now no process of any court has been received and with regard to second case

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bearing Case Crime No.340 of 2018 pertaining to Section 3/25 of the Arms Act, he has been granted bail. Charge-sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, he is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that charged offences against the applicant are triable by magistrate. Identically placed coaccused person of the crime namely Mahesh Pasi has been granted bail by coordinate Bench of this Court. Criminal history of the applicant has been adequately explained. Charge-sheet in this case has already been filed. Applicant is in jail in this case since 26.08.2022. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Kaushal Singh involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 4.1.2024 Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

Kaushal Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

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Kaushal Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What the court decided

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