Allahabad High Court
Lallu Singh vs State Of U.P. on 1 July, 2021
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21985 of 2021
Applicant :- Lallu Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Sengar
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Lallu Singh, in connection with Case Crime No.0253 of 1999 (G.S.T. No.77 of 2000), under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ait, District Jalaun.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in three cases being Case Crime No.0098 of 1997, under Sections 302/201 IPC, P.S. Kotra, District Jalaun, Case Crime No.350 of 1998, under Sections 327/329, 308 IPC, P.S. Eit, District Jalaun and Case Crime No.203 of 1999, under Sections 323, 324, 504, 506 IPC and Section 7 of the Criminal Law Amendment Act, P.S. Eit, District Jalaun without there being anything to show that he is either a member or the leader of the gang. In each of the substantive offences, the applicant has been acquitted by judgment and orders dated 13.01.2004, 25.09.2003 and 30.09.2003 by the Courts below, a copy of each of which is annexed as Annexure no.5 to the affidavit compendiously. It is argued that the applicant has been challaned under the U.P. Gangsters Act baselessly on the foot of substantive offences, where the Court has entered a verdict of acquittal. The applicant states that he is a respectable man, who is not being prosecuted but persecuted by the police. It is also pointed out that the applicant is in jail since 05.03.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant has been acquitted in the substantive offences, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Lallu Singh, involved in Case Crime No.0253 of 1999 (G.S.T. No.77 of 2000), under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ait, District Jalaun be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 1.7.2021
Anoop
