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2025 DAILYLAW 111665 (ALL)

RINKU SINGH v. STATE OF U.P.

BAIL/46803/2024 · 2025-02-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27723 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46803 of 2024 Applicant :- Rinku Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anil Kumar, learned counsel for the applicant and Shri Ashwini Yadav, the learned counsel for the State. 2. The instant bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 2004 of 2017, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Katra, District Shahjahanpur. 3. The gang-chart mentions involvement of the applicant in six cases in all the cases the applicant has been granted bail. Copies of the bail orders have been annexed to the affidavit filed in support of the bail application. 4. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case and that he is neither a leader nor a member of any gang. 5. The applicant is languishing in jail since 25.11.2017 and more than seven years' period has elapsed since the applicant is in custody. 6. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation. 7. The learned State Counsel has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case. 8. Offences under the U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 carry a maximum punishment of imprisonment for ten years. The applicant has already undergone more than half of the maximum period of sentence in custody. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been granted bail in all the cases mentioned in the gang-chart and he is languishing in Jail since 25.11.2017, without making any observation which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making a case for enlargement of the applicant on bail. 10. The bail application is accordingly, allowed. 11. Let the applicant- Rinku Singh be released on bail in the aforementioned case on furnishing a personal bond to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad