Narayan Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40522 of 2023 Applicant :- Narayan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 234 of 2014, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Charkhari, District-Mahoba, during the pendency of the trial.

¶3Learned counsel for the applicant submits that on the basis of two cases; one under Gambling Act and another under Section 302 IPC, the proceeding of the Gangster Act was initiated against the applicant and on 25.2.2014 the applicant was granted bail. The reason for the abscondance is said to be the offence u/s 302 IPC as in connection to that offence the applicant could not participate in the trial of the instant case u/s Gangster Act and he was not summoned by the trial court from the jail and only abscondance was recorded by the trial court.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Considering the rival submissions of learned counsel for parties, as it is a case of abscondance and the applicant undertakes to cooperate in the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant-Narayan Singh involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 29.11.2023 S.Verma High Court of Judicature at Allahabad