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2025 DAILYLAW 66958 (ALL)

AMIT SINGH v. STATE OF U.P.

BAIL/20320/2025 · 2025-06-17

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:97567 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20320 of 2025 Applicant :- Amit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Pradeep Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State of U.P. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 204 of 2021, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, the "Gangsters Act"), Police Station Chunar, District Mirzapur during the pendency of the trial. 3. Learned counsel for the applicant submits that according to the gang chart, only one case is shown against the applicant and in the said case the applicant has been enlarged on bail. He further submits that similarly situated co-accused namely, Kundan Kushwaha, Anshu Yadav and Vikas Rai have already been granted bail by co-ordinate Benches of this Court, vide orders dated 9.8.2023, 20.3.2024 and 4.4.2024 passed in Crl. Misc. Bail Applications No. 32818 of 2023, 10878 of 2024 and 11749 of 2024, thus the applicant is also entitled to be enlarged on bail on the ground of parity. Applicant is languishing in jail since 24.3.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Applicant is on bail in sole case shown in the gang chart and similarly situated co-accused persons have already been granted bail by co-ordinate Bench of this Court. Applicant is languishing in jail since 24.3.2021. 6. Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4) (b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant-Amit Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and, (iii) the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 18.6.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad