Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 110446 (ALL)

ANUJ SINGH v. STATE OF U.P.

BAIL/45822/2024 · 2025-01-24

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:13094 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45822 of 2024 Applicant :- Anuj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mahadeo Singh Chandel,Rana Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicant, Sri S.K. Ojha, learned AGA-I for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Anuj Singh, seeking enlargement on bail in Case Crime No. 771 of 2024, under Sections 3, 5(1), 8/25 of Arms Act, Police Station - Kotwali Nagar, District - Banda. In the prosecution case, it is alleged that on the basis of the secret information given by the informer that the accused persons are running illegal factory for making fire arms, the applicant was apprehended along with co-accused persons. It has been further alleged that from the possession of the accused persons two country made pistols, one country made, two country made pistol body cutting machine along with other articles have been recovered. Learned counsel for the applicant submits that the applicant has been falsely implicated. There is no independent witness of the alleged recovery. It is further submitted that on the similar footing the co-accused Shubham Singh has been granted bail by this Court vide order dated 22.01.2025 passed in Criminal Misc. Bail Application No. 39797 of 2024, therefore, the applicant is also entitled to be released on bail. The applicant is languishing in jail since 22.09.2024 and there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. He further submits that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Accordingly, the bail application is allowed. Let the applicant, Anuj Singh, involved in the aforesaid case crime, be released on bail on his furnishing a 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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. (vi) 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. Order Date :- 24.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad