Charan Singh vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Charan Singh vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Charan Singh in Case Crime No. 402 of 2023 (Section 2/3, Uttar Pradesh Gangster and anti social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly) on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the stated conditions; liberty to the court below to cancel bail on breach.

Issue for consideration

Whether bail should be granted to accused-applicant Charan Singh, in judicial custody since 21.09.2024, in Case Crime No. 402 of 2023 under Section 2/3 of the Uttar Pradesh Gangster and anti social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly.

Ratio / Principle

Considering all the facts and circumstances, the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merits of the case, a case for bail is made out.

Key takeaways

The bail application is allowed and the accused-applicant Charan Singh is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.ratio¶16
Bail is subject to conditions: the applicant will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and will appear regularly on each date fixed by the trial court unless his personal appearance is exempted through counsel; on breach of any condition the court below is at liberty to cancel his bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 68), Ashutosh Srivastava J. (single Judge), allowed Criminal Misc. Bail Application No. 22728 of 2025 moved under Section 483 B.N.S.S. by Charan Singh seeking enlargement on bail in Case Crime No. 402 of 2023 under Section 2/3 of the Uttar Pradesh Gangster and anti social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly. The applicant, who had earlier been on bail, had a non-bailable warrant issued against him for non-appearance before the Court below, was arrested and jailed on 21.09.2024, and remained in judicial custody thereafter; criminal antecedents of three cases were explained in paragraph 11 of his supporting affidavit. Weighing the nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of witness tampering and the prima facie case, expressly without commenting on the merits, the Court ordered release on a personal bond and two reliable sureties each, imposing conditions of non-tampering with evidence, abstention from criminal activity, non-pressure/intimidation of prosecution witnesses, cooperation in the trial and regular attendance at the trial court, with liberty to the court below to cancel bail on breach. Decision dated November 6, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 22728 of 2025

Charan Singh

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Devashish Mitra
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Devashish Mitra, learned counsel for the applicant and Shri Ajai Kumar Singh, learned A.G.A. representing the State respondents.

This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Charan Singh, seeking enlargement on bail in Case Crime No. 402 of 2023, under Section 2/3 of Uttar Pradesh Gangster and anti social Activities (Prevention) Act, 1986, Police StationMeerganj, District-Bareilly.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.09.2024. Learned counsel for the applicant submits that earlier the applicant was on bail. But due to non appearance before the Court below, non bailable warrant against the applicant was issued the police has arrested him and sent to jail on 21.09.2024, since then he is in judicial custody. Criminal antecedents of three cases has been explained in the paragraph no. 11 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

Considering all those facts and circumstances, the nature of accusations,

BAIL No. 22728 of 2025

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severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Charan Singh , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

November 6, 2025

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad