Allahabad High Court
Neeraj Singh @ Akhand Pratap Singh vs State Of U.P. on 30 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21096 of 2022 Applicant :- Neeraj Singh @ Akhand Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Bahadur Singh,Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Kumar Rai,J.
Heard Mr.Shashank Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Neeraj Singh @ Akhand Pratap Singh with a prayer to release him on bail in Case Crime No.218 of 2020, under Section 2/3 U.P Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station-Industrial Area, District-Prayagraj, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. In gang chart one case is mentioned in which the applicant is on bail. Photocopy of the gang chart is annexed as Annexure-2 to the affidavit filed in support of the bail application. The averment has been made in paragraph no. 7 of the affidavit filed in support of the bail application about one more case against the applicant in which the applicant is also on bail. It is next submitted that applicant is languishing in jail since 28.5.2020.
Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but has not controverted the aforesaid fact.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Neeraj Singh @ Akhand Pratap Singh involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant shall file an undertaking to the effect that 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2022 AU