Allowed¶18

Chandrapal Singh v. State of U.P.

Allahabad HC14 May 2025BAIL/6224/2025

Case brief

AI extract

What is this about?

Gangsters Act bail granted; U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 S.2/3; accused already on bail in base case of gang chart; no convincing material of tampering with evidence; bail without opinion on merits; Allahabad High Court 2025:AHC:80571; Crl. Misc. Bail Application No. 6224 of 2025; Case Crime No. 121 of 2024; P.S. Chhajlat, District Moradabad; custody since 14.08.2023; bail conditions under S.229-A IPC, S.174-A IPC, S.82 Cr.P.C., S.313 Cr.P.C.; personal bond with two heavy local sureties.

What did the court decide?

Bail application allowed; applicant Chandrapal Singh to be enlarged on bail on a personal bond with two heavy local sureties of the like amount, subject to conditions (i)-(v) and verification of identity, status and residence of the applicant and sureties. ¶18

Chandrapal Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Chandrapal Singh, arraigned in Case Crime No. 121 of 2024 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (P.S. Chhajlat, District Moradabad), is entitled to be enlarged on bail during pendency of trial.

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Court's answer

On an overall view of the facts, circumstances and nature of evidence, and in the absence of any convincing material to indicate the possibility of tampering with evidence, and without expressing any opinion on the merits, the applicant is entitled to be enlarged on bail.

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Ratio / Principle

Bail granted: the applicant is to be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned, subject to conditions (undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date, with consequences under Section 229-A IPC and via proclamation under Section 82 Cr.P.C. and Section 174-A IPC; personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement; breach to be ground for cancellation); identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

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Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.; Neutral Citation 2025:AHC:80571) allowed Criminal Misc. Bail Application No. 6224 of 2025 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (Case Crime No. 121 of 2024, P.S. Chhajlat, District Moradabad). The applicant, in jail since 14.08.2023, had already been granted bail in the case forming the basis of the gang chart; the State opposed. Finding no convincing material indicating the possibility of tampering with evidence, and expressly without expressing any opinion on merits, the Court enlarged the applicant on bail on a personal bond with two heavy local sureties of like amount, subject to conditions covering attendance, non-seeking of adjournments, and consequences under Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C., with verification of identity, status and residence of the applicant and sureties before acceptance of bonds.

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Neutral Citation No. - 2025:AHC:80571

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Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6224 of 2025

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Applicant :- Chandrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Shri Ankit Kumar Dubey, Advocate, holding brief of Shri P. K. Vishnoi, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant- Chandrapal Singh , with a prayer to enlarge him on bail in Case Crime No. 121 of 2024, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Chhajlat, District- Moradabad, during pendency of trial.

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The main submissions advanced on behalf of accused is that as per the gang chart one case which has been made the basis to impose the provisions of Gangsters Act against the accused, in which he has already been granted bail. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in that case on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 14.08.2023.

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Learned A.GA. for the State has opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of

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tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant is entitled to be enlarged on bail.

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Let applicant- Chandrapal Singh , involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant 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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(iii) In case, the applicant misuses the liberty of bail 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, then, 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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(iv) 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. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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(v) 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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The bail application is allowed.

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Order Date :- 15.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Chandrapal Singh v. State of U.P.

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