Gama Singh @ Kishanpal Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14480 of 2023 Applicant :- Gama Singh @ Kishanpal Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajat Pratap Singh,Raj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1At the outset learned counsel for the applicant submits that due to inadvertent mistake last paper of the judgment dated

09.11.2009 passed by the Additional District and Sessions Judge, Fast Track Court, Hardoi could not be enclosed. The said page has been placed before this Court for perusal and is taken on record.

¶2Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

¶3Heard Shri Rajat Pratap Singh, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the applicant/Gama Singh @ Kishanpal Singh for grant of bail, in Case Crime No. 47 of 2007, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station Harpalpur, District Hardoi, during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the four criminal cases mentioned in the gang chart. However, in one of such cases, the applicant has been granted bail by the trial Court and in other three cases he has been acquitted by the competent criminal Courts and the judgments/orders whereby the applicant has been acquitted in these three cases have been placed on record as Annexure Nos. 3 to 5 to the bail application.

¶6It is further submitted that apart from the above mentioned four criminal cases, the applicant is also having criminal history of four other cases of the year 1980, 1981 and 1987 and in these cases the applicant has been acquitted by competent criminal courts and these cases have been explained in para no.13 of the bail application. However, the State has not shown these cases as the criminal history of the applicant. Applicant is in jail in this matter since 17.11.2023 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

¶7Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in four criminal cases mentioned in the gang chart. However, in one of such cases he has been released on bail by the trial court and in other three cases he has been acquitted by competent criminal courts. Apart from the above-mentioned criminal cases, applicant is having criminal history of four cases and in these cases also he has been acquitted by competent criminal courts. Applicant is in jail in this matter since 17.11.2023 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the applicant/Gama Singh @ Kishanpal Singh involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 8.12.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench