Allowed

Shivam Singh @ Aryan Singh v. State of U.P. Thru. Prin. Secy. Deptt. Govt. Lko

Allahabad HC15 Apr 2024BAIL/3205/2024

Case brief

AI extract

What is this about?

Bail application under section 3(1), U.P. Gangsters Act; applicant had ten cases of criminal history, all with bail granted, and was in jail since 19-04-2022. Court found it a fit case for bail without commenting on merits.

What did the court decide?

Applicant released on bail on personal bond and two sureties each in like amount, subject to conditions including no tampering with evidence and attendance at trial.

Shivam Singh @ Aryan Singh vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54800

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3205 of 2024

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Applicant :- Shivam Singh @ Aryan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Govt. Lko Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Supplementary Affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 274 of 2022, under section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station -Chhapia, District -Gonda.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He further submits that one case has been shown in the gang chart against the applicant in which he has been enlarged on bail. Copy of the bail order has been filed as Annexure No.3 to the bail application. Except apart aforesaid one case, there are nine other case criminal history of the applicant,which has been explained in the Supplementary Affidavit,wherein all the cases the applicant has been enlarged on bail. The copies of the bail orders have been filed alongwith the Supplementary Affidavit. Except apart the aforesaid cases, there is no other criminal antecedent of the applicant. It has also been submitted that the applicant is not involved in any anti-social activities and he is neither a Member nor Leader of any gang and the applicant is in jail since 19-04-2022 & the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. has opposed the prayer for grant of bail and submitted that there are ten cases criminal history of the applicant, but, he could not dispute the fact that the applicant has been enlarged on bail in all the aforesaid cases and there is no any other criminal history of the applicant.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant has explained ten cases criminal history and in all the cases, he has been enlarged on bail and the applicant has undertaken that he will not misuse the liberty of bail if granted to him and he is languishing in jail since 19-04-2022.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Shivam Singh alias Aryan Singh, involved in the aforementioned 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:-

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

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 8.8.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shivam Singh @ Aryan Singh v. State of U.P. Thru. Prin. Secy. Deptt. Govt. Lko

Case brief

What is this about?

What did the court decide?

Shivam Singh @ Aryan Singh v. State of U.P. Thru. Prin. Secy. Deptt. Govt. Lko

Case brief

What is this about?

What did the court decide?

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