Allowed

Gabbar Thakur v. State of U.P.

Allahabad HC9 Jun 2020BAIL/2439/2019

Case brief

AI extract

What is this about?

Allowed bail for applicant Gabbar Thakur under Section 324 and 340 IPC, invoking Article 21 and referring to Dataram Singh case, imposing conditions including personal bond, sureties verification, and restrictions on witness tampering and criminal activity.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions including verification of order and restrictions on criminal activity.

Gabbar Thakur Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2439 of 2019

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Applicant :- Gabbar Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Arvendra Singh,N/A,Satendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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It is submitted that applicant has although implicated as main accused and has been assigned the role of firing on the injured on his backbone but injury has not been found to be serious and dangerous to life.The case of the applicant does not travel beyond under sections 324 and 340 I.P.C. The applicant is in jail since 13.6.2018.He has explained his criminal history of four cases in paragraph-20 of the affidavit filed in support of the bail application.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Gabbar Thakur , who is involved in Case Crime No. 285 of 2018, under Sections 307, 323, 504, 506 I.P.C, Police StationBewar , District- Mainpuri, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.6.2020 Atul kr. sri.

Gabbar Thakur v. State of U.P.

Case brief

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Gabbar Thakur v. State of U.P.

Case brief

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