Pretam Singh and Another v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43393 of 2023 Applicant :- Pretam Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.

¶2Submission of Counsel for the applicants is that the applicant no.1 is on bail in the solitary case shown in the gang chart and in two cases against the applicant no.2, he is on bail shown in the gang chart. Both the applicants are on bail. The copy of the bail orders are on record. He further submits that other than the cases shown in the gang chart, the applicants are also on bail and the same have been explained. The applicants are in custody since

9.7.2023.

¶3Submission of Counsel for the applicants is that the applicants are on bail in the cases shown in the gang chart. The copies of the bail orders are on record. The applicants are in custody since 9.7.2023.

¶4Per contra, learned A.G.A. has opposed the bail prayer of the applicants.

¶5Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicants have already been enlarged on bail in the aforementioned case shown in the gang chart and without expressing any opinion on merit of the case, I am of view that the applicants are entitled for bail.

¶6Thus, the present application is allowed.

¶7Let the applicants - Pretam Singh and Bachan Singh be released on bail in Case Crime No. 81 of 2023, under Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station - Khanna, District - Mahoba, on their furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicants shall execute a bond to undertake to attend the hearings;

(b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 6.11.2023 Irshad High Court of Judicature at Allahabad