Deependra Nithariya Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Deependra Nithariya Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Deependra Nithariya in Case Crime No.07 of 2022 (Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sadar Bazar, District Agra) on furnishing a personal bond and two sureties each in the like amount, subject to the three stated conditions; sureties to be verified before the release order is issued.

Issue for consideration

Whether the applicant Deependra Nithariya should be released on bail in Case Crime No.07 of 2022 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sadar Bazar, District Agra, during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel, the nature of offence, evidence and complicity of the accused, without expressing any opinion on merits, and keeping in view the mandate laid down by the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) no tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (2) sincere cooperation in the trial without seeking adjournments; (3) no indulgence in any criminal activity or commission of any crime after release; breach of any condition shall be a ground for cancellation of bail, and the sureties are to be verified before issuing the release order.

Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Ss. 2/3 — Applicant shown in gang chart as involved in four criminal cases, already enlarged on bail in those cases; co-accused Kuldeep Sharm and Shanker Nath Goswami already granted bail by this Court; applicant in custody since 18.05.2020. Considering nature of offence, evidence, complicity of accused and the mandate in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing opinion on merits, bail granted on personal bond and two sureties each in like amount, with conditions barring tampering with evidence/witness intimidation, adjournment-seeking, and further criminal activity; breach to be ground for cancellation; sureties to be verified before release order.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24170 of 2022

Applicant :- Deependra Nithariya Opposite Party :- State of U.P. Counsel for Applicant :- Tikendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant Deependra Nithariya with a prayer to release him on bail in Case Crime No.07 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sadar Bazar, District Agra, during pendency of the trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is next argued that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail; copy of bail orders have been annexed as Annexure-3 to the affidavit. It is further submitted that co-accused Kuldeep Sharm & Shanker Nath Goswami have been granted bail by this Court in Criminal Misc.Bail Application Nos.7662 of 2022 & 11610 of 2022 vide orders dated 06.05.2022 & 30.03.2022. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 18.05.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Deependra Nithariya be released on bail in Case Crime No.07 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sadar Bazar, District Agra, 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.

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

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

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

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

Order Date :- 7.7.2022/SKD

Digitally signed by SURJIT KUMAR DEY Date: 2022.07.08 10:39:05 IST Reason: Location: High Court of Judicature at Allahabad