Allowed

Dilwar @ Dilawar v. State of U.P.

Allahabad HC28 Aug 2020BAIL/22612/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 22612 of 2020, the Hon'ble Court granted bail to the applicant charged under the U.P. Gangster Act. The applicant challenged his implication as illegal. The Court, without expressing an opinion on merits, directed his release with strict conditions to prevent tampering, ensure presence, and curtail abuse of bail.

What did the court decide?

Applicant was released on bail by furnishing a personal bond and two reliable sureties. Additional conditions imposed to prevent evidence tampering and ensure court presence.

Dilwar @ Dilawar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22612 of 2020

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Applicant :- Dilwar @ Dilawar Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Kant Srivastava,Ravindra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant in Case Crime No.87 of 2020 under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act' 1986, Police Station- Jahanaganj, District- Azamgarh.

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The applicant herein has been implicated under Section 3(1) of Gangster Act on account of one criminal case lodged against him under the Cow Slaughter Act in which the applicant has been enlarged on bail by the court below on 18.01.2018. It is contended that the implication of the applicant under the Gangster Act is an illegal exercise on the part of the officials in as much as, it cannot be said that the applicant is a member of a gang who had indulged in any organised crime within the meaning of Section 2(b) of the Gangster Act' 1986 with the object of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person or indulge in anti-social activities. The applicant is languishing in jail since 14.05.2020.

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Learned A.G.A., however, opposed the prayer for bail.

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Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail.

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Let applicant- Dilawar @ Dilawar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten

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the witnesses;

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(ii) 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;

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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; and

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(v) 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.

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Order Date :- 28.8.2020 Himanshu

Dilwar @ Dilawar v. State of U.P.

Case brief

What is this about?

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Dilwar @ Dilawar v. State of U.P.

Case brief

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