Allowed¶13

Vivek Singh Alias Mintu Singh v. State of U.P.

Allahabad HC12 Mar 2025CRLA/1464/2025

Case brief

AI extract

What is this about?

Criminal Appeal 1464 of 2025; Allahabad HC; Nand Prabha Shukla J.; order dated 12.3.2025; Court No. 83; suspension of sentence; bail pending appeal; Section 430(1) BNSS; Vivek Singh @ Mintu Singh; State of U.P.; conviction dated 01.02.2025; Special Session Trial 4200180 of 2008; Case Crime No.132 of 2001; Section 3(1) U.P. Gangster Act; PS Atrauliya, Azamgarh; personal bond and two heavy sureties; half fine deposit condition; appeal admitted, trial record summoned.

What did the court decide?

Suspension-of-sentence application allowed: appellant Vivek Singh @ Mintu Singh released on bail pending disposal of the criminal appeal, on furnishing a personal bond and two heavy sureties each in the like amount, subject to deposit of half of the fine before filing the bail bonds. ¶13

Vivek Singh Alias Mintu 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, in the pending criminal appeal against the judgment of conviction and sentence dated 01.02.2025, the appellant-applicant's sentence should be suspended and he released on bail under Section 430(1) B.N.S.S.

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Court's answer

Having regard to the facts and circumstances, the sentence awarded, the record and the findings of the trial court, and because the appellant was on bail during trial with no instance of misuse brought to notice and the appeal may take time for final disposal, the Court inclined to release the appellant on bail without commenting on the merits.

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Ratio / Principle

Release on bail is directed upon furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned; on acceptance, photostat copies of the bail and personal bonds shall be transmitted to this Court for the appeal record.

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Key takeaways

A condition of the release is deposit of half of the fine before filing of the bail bonds.ratio¶14
On the appeal itself, the criminal appeal was admitted, the Trial Court record summoned, and the matter listed in due course.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ms. Nand Prabha Shukla, J.) — Order dated 12.3.2025 in Criminal Appeal No. 1464 of 2025 (Vivek Singh Alias Mintu Singh v. State of U.P.). Application under Section 430(1) B.N.S.S. for suspension of sentence and bail in the pending appeal against the conviction/judgment dated 01.02.2025 of the Additional District & Sessions Judge / Special Judge (Gangster Act), Court No. 6, Azamgarh, in Special Session Trial No. 4200180 of 2008 arising out of Case Crime No.132 of 2001, under Section 3(1) of U.P. Gangster Act, Police Station Atrauliya, District-Azamgarh. Considering the sentence awarded, the record and the trial court's findings, that the appellant was on bail during trial with no instance of misuse brought to notice, and that the appeal may take time, the Court released the appellant on bail without commenting on the merits, on a personal bond and two heavy sureties, conditioned on deposit of half the fine before filing the bail bonds. The appeal was admitted, the trial court record summoned, and the matter listed in due course.

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1464 of 2025

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Appellant :- Vivek Singh Alias Mintu Singh Respondent :- State of U.P. Counsel for Appellant :- Shahzad Alam Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Order on Criminal Misc. Suspension of Sentence Application No.01 of 2025 u/s 430 (1) B.N.S.S.

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Heard learned Counsel for the appellant-applicant as well as the learned A.G.A. for the State.

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The instant Bail Application under Section 430(1) B.N.S.S. has been filed in the pending criminal appeal against the judgment and order dated 01.02.2025 passed by Additional District & Sessions Judge / Special Judge (Gangster Act), Court No. 6, Azamgarh in Special Session Trial No. 4200180 of 2008 (State of U.P. Vs. Vivek Singh @ Mintu Singh) arising out of Case Crime No.132 of 2001, under Section 3(1) of U.P. Gangster Act, Police StationAtrauliya, District-Azamgarh.

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By means of the bail application, the appellant-applicant seek suspension of sentence and grant of bail.

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It has been submitted by learned counsel for the appellant that appellant was on bail during the Trial and has no other criminal history. It has further been submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated. It has further been submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. It has also been submitted that the appellant was on bail during trial and has not misused the liberty of bail. Since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail in the pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused-appellant. The appellant is languishing in jail since 01.02.2025.

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On the other hand, learned A.G.A. vehemently opposed the bail application.

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I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment.

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Having regard to the facts and circumstances of the case, sentence awarded to the appellant, the evidence available on record and the findings recorded by the trial court thereon, appellant was on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court, and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellant on bail.

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Let the appellant- Vivek Singh @ Mintu Singh be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of Court concerned.

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Half of the fine to be deposited before filing of the bail bonds.

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On acceptance of bail bonds and personal bonds, the concerned court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.

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Order on appeal

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Admit.

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Summon the Trial Court record.

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List in due course.

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Order Date :- 12.3.2025 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Vivek Singh Alias Mintu Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vivek Singh Alias Mintu Singh v. State of U.P.

Case brief

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What the court decided

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