Deep Singh @ Golu Vs State of U.P. Thru.Prin.Secy. Deptt. of Home — Allahabad HC (2024) — LawSathi Research

Deep Singh @ Golu Vs State of U.P. Thru.Prin.Secy. Deptt. of Home — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions (no tampering with evidence or witnesses, sincere cooperation in trial without adjournments, no criminal activity after release).

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 623 of 2020 under Section 3(1) of the U.P. Gangsters Act on the strength of two criminal cases shown in the gang chart, is entitled to be enlarged on bail during the pendency of trial.

Court's answer

The bail application is allowed without expressing any opinion on the merits.

Ratio / Principle

The applicant Deep Singh @ Golu is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence by intimidating or pressurising witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournments; and (iii) not to indulge in any criminal activity after release.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶¶16
Identity, status and residence proof of the applicant and the sureties is to be verified by the court concerned before the bonds are accepted.ratio¶¶16

Detailed headnote1 paragraphs

Bail — U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, S. 3(1) — Case Crime No. 623 of 2020, P.S. Kotwali Ayodhya, District Ayodhya/Faizabad — prosecution founded on two criminal cases shown in the gang chart, in both of which the applicant had already been enlarged on bail — applicant in jail since 17.02.2020, not a previous convict — bail allowed without expressing any opinion on the merits, on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence/witnesses, seeking adjournments and indulging in criminal activity; breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted. (Justice Krishan Pahal, 29.4.2024)

Neutral Citation No. - 2024:AHC-LKO:33363

Court No. - 33

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4150 of 2024

Applicant :- Deep Singh @ Golu Opposite Party :- State Of U.P. Thru.Prin.Secy. Deptt. Of Home Counsel for Applicant :- Vijayendra Prakash Tripathi,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

The instant bail application is being heard through Video Conferencing.

Heard Sri Vijayendra Prakash Tripathi, learned counsel for the applicant as well as Sri Angad Kumar Vishwakarma, learned AGA for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 623 of 2020, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station -Kotwali Ayodhya, District - Ayodhya/Faizabad, during the pendency of trial.

It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. He has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is not a previous convict. The applicant is languishing in jail since 17.02.2020 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submission advance by the learned counsel for the applicant.

Without expressing any opinion on the merits, the bail application is allowed . Let the applicant Deep Singh @ Golu, involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions

that :-

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

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

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

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date:- 29.4.2024 Siddhant

(Justice Krishan Pahal)

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad, Lucknow Bench