Nem Singh vs. State Of U.P.

Facts

This is a bail application filed by Nem Singh, the applicant, who is involved in Case Crime No. 103 of 2004 (GST No. 58 of 2005) under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The applicant was previously on bail but failed to appear before the concerned court on a fixed date, leading to the issuance of a non-bailable warrant. The applicant claims he was not informed of the court date by his counsel's clerk and was unaware of the case's transfer from Agra to Etah. He surrendered on January 21, 2017, and has been in custody since. He seeks release on bail, assuring cooperation with the trial proceedings.

Held

The Court, while not expressing an opinion on the merits of the case, granted the applicant one more opportunity. The bail application was allowed. The applicant, Nem Singh, is to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned. Specific conditions were imposed, including not tampering with evidence, not intimidating witnesses, appearing on fixed dates unless exempted, not committing similar offences, and not inducing, threatening, or promising any person to dissuade them from disclosing facts or tampering with evidence. The Court also directed verification of sureties before issuing the release order. Breach of any condition would allow the complainant to move for cancellation of bail.

Key Issues

1. Whether the applicant is entitled to be released on bail given his failure to appear before the trial court and the subsequent issuance of a non-bailable warrant, considering the reasons provided for his absence? The applicant argued that his non-appearance was unintentional, due to lack of information from his counsel's clerk and the case transfer, and that he has since surrendered and cooperated. The State, through the learned AGA, opposed the bail application.