Allowed

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

Allahabad HC13 Feb 2024BAIL/1635/2024

Case brief

AI extract

What is this about?

High Court allowed bail to Mayank Singh in a trial arising under the Arms Act. The court noted the charge sheet was submitted and alleged offences were triable by a Magistrate, finding grounds for bail despite prior criminal cases which were explained by the applicant.

What did the court decide?

Applicant released on bail upon furnishing a personal bond with two sureties in the like amount to the satisfaction of the court.

Mayank 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:14911

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1635 of 2024

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Applicant :- Mayank Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Learned AGA informs that he has procured complete instructions in the matter including upto date case diary and the charge sheet in this case has already been submitted.

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Heard Shri Anil Kumar Pandey, 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- Mayank Singh for grant of bail, in Case Crime No. 524/2023, under Sections 7/25 (8) of Arms Act, Police Station Pura Kalandar, District Ayodhya/ Faizabad, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. Nothing has shown by the police as has actually been recovered from the possession of the applicant, however, the applicant is in jail in this case since 10.12.2023. Charge sheet in this case has already been submitted and it is undertaken that the applicant shall remain present before the trial court as and when his presence would be required and the alleged offences wherein the charge sheet has been filed, are triable by the Magistrate.

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It is further submitted that criminal history of three cases has been shown against the applicant, however, the same has been explained in paragraph nos. 3 and 4 of the supplementary affidavit filed today and para 9 of the bail application and all these three cases have been slapped against the applicant on the basis of his alleged arrest in Case Crime No. 7/2020 pertaining to Section 34/506/307 IPC and from before the involvement of

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the applicant in Case Crime No. 7/2020 he was not having any criminal antecedent. There is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A. on the other hand opposes the prayer of bail of the applicant on the ground that he is accused of committing an heinous offence, therefore, he is not entitled to be released on bail.

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Considering the fact that the applicant is in jail in this case since 10.12.2023. Criminal history of three cases has been adequately explained and the charge sheet in this case has already been submitted. The case of bail is made out against the applicant. The bail application moved on behalf of the applicant is allowed.

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Let the applicant- Mayank Singh involved in the aforesaid case be released on bail on 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 are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 20.2.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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