Allowed

Deepak v. State of U.P.

Allahabad HC11 Apr 2022BAIL/12239/2022

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act was allowed. The High Court found merit in the applicant's submission that he was falsely implicated and was not a member of a criminal gang, despite a previous bail rejection at the district level.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, and conditions against tampering with evidence or influencing witnesses.

Deepak Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12239 of 2022

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Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 08 of 2022 at Police Station Kakod District Bulandshahar under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 05.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (Gangsters Act), Bulandshahar on 21.02.2022.

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Shri Ravi Sahu, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in all the eleven criminal cases depicted in the gang chart. He is not a member of any criminal gang.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish

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their professional credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not relate to heinous crimes and have no bearing on this bail applicant. The applicant is not a flight risk.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Deepak be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 11.4.2022

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Dhananjai

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Digitally signed by DHANANJAI Date: 2022.04.11 18:27:45 IST Reason: Location: High Court of Judicature at Allahabad

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

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