Allahabad High Court
Chandra Bhushan Singh @ Little Singh vs The State Of U.P. Thru. Prin. Secy. Home ... on 4 February, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:7093
Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1019 of 2025
Applicant :- Chandra Bhushan Singh @ Little Singh
Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Arun Sinha,Ram Chandra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
1. Heard Ram Chandra Singh, learned counsel for the applicant and learned AGA for the State and perused the record.
2. By means of this application, the applicant, who is involved in Case Crime No. 410 of 2020, under sections 2/3(1) of the Uttar Pradesh Gangsters and antisocial Activities Act, 1986, Police Station Kudwar, District- Sultanpur is seeking enlargement on bail during the trial.
3. Learned counsel for the applicant has submitted that in the gang chart (Annexure-2 to the application) 5 cases have been shown against the applicant and in all the said 5 cases, he is on bail. Copies of the bail orders have been annexed at page nos. 98,52, 45, 49 and 43. Apart from that there are five more cases including the present case in which also the applicant has been enlarged on bail. (Copies of the bail orders are enclosed at page nos. 40, 59, 63). One case is registered under Section 110 (G) in the year 2018 and the period of six months had already expired.
4. It is further submitted that all other co-accused persons named in the F.I.R. have already been granted bail by this Court. The relevant details thereof are as follows:-
a). Co-accused Gorakhnath Singh @ Lal Singh, who has been shown as Gang Leader in the Gang Chart, has been enlarged on bail by this Court vide its order dated 02.02.2022 against whom also five criminal cases are pending. Copy of bail order is enclosed at page no. 65 of the writ petition.
b). Co-accused Laukesh Bhushan Singh @ Sonu Singh has been enlarged on bail by this Court vide its order dated 15.12.2021 against whom four criminal cases are pending. Copy of the bail order is enclosed at page no. 70 of the writ petition.
c). Co-accused Amul @ Ravi has been enlarged on bail by this Court vide its order dated 22.10.2021 against whom two criminal cases are pending. Copy of the bail order is enclosed at page no. 72 of the writ petition.
d). Co-accused Chandrashekhar Singh @ Vishal has been enlarged on bail by this Court vide its order dated 15.09.2021 against whom one criminal case is pending. Copy of the bail order is enclosed at page no. 74 of the writ petition.
e). Co-accused Indresh Tiwari has been enlarged on bail by this Court vide its order dated 15.11.2021 against whom one criminal case is pending. Copy of the bail order is enclosed at page no. 67 of the writ petition.
5. It is further submitted that since all co-accused persons have been granted bail by this Court, thus, applicant is also entitled for parity of bail as it has already been granted to other co-accused persons.
6. It is further submitted that the Hon'ble Supreme Court in the case of Javed versus State of Maharashtra and another, reported in 2024 9 SCC Page-819 has held that the bail cannot be refused on the ground that the crime committed is serious in nature as the co-accused in a criminal case of serious nature is also entitled for the benefit of Article 21 of the Constitution of India.
7. Learned counsel for the applicant further submits that the applicant is in jail since 11.03.2020.
8. He next submits that the applicant undertakes that he will not indulge in any criminal activity or misuse the liberty of bail.
9. Learned AGA though has opposed the bail application but could not dispute the submissions of the learned counsel for the applicant.
10. After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and the judgments relied upon by learned counsel for the applicant, without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail . Hence, the bail application is allowed.
11. Let the applicant, Chandra Bhushan Singh @ Little Singh, involved in Case Crime No. 410 of 2020, under sections 2/3(1) of the Uttar Pradesh Gangsters and antisocial Activities Act, 1986, Police Station Kudwar, District- Sultanpur be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
12. 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 :- 4.2.2025
Ashish
