Lallan Singh And Another vs State Of U.P.
2016 Latest Caselaw 7396 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42333 of 2016
 
Applicant :- Lallan Singh And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sudhir Kumar Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Naheed Ara Moonis, J. 

Heard the learned counsel for the applicants, the learned A.G.A for the State and perused the record.

The present bail application has been moved by the applicants ? Lallan Singh and Harikanth Paswan in Case Crime No. 1688 of 2016, under Section 2/3 (1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station ? Ubhavn, Disrict ? Balia, with a prayer that they may be admitted to bail.

It is submitted by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one case. The applicants have already been enlarged on bail in the said case. The applicants will co-operate with the trial in the pending case. The applicants are in jail since 17.11.2016. In case the applicants are enlarged on bail they will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail and has contended that the applicants are a habitual criminal and in case they are enlarged on bail they will again indulge in similar activity, hence they does not deserve to be enlarged on bail.

In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicants ? Lallan Singh and Harikanth Paswan, involved in Case Crime No. 1688 of 2016, under Section 2/3 (1) of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station ? Ubhavn, District ? Ballia, be enlarged on bail on their executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

i. The applicants will not tamper with the evidence during the trial.

ii. The applicants will not pressurize / intimidate the prosecution witness.

iii. The applicants will appear before the trial court on the date fixed.

In case of breach of the above conditions, the prosecution will be at liberty to move application for cancellation of bail.

Order Date :- 05.12.2016

Vinod.