This bail application was regarding an appeal for release in a case under the U.P. Gangster Act. The High Court dismissed the objection to bail without speculating on the case's merits, granting release subject to specific conditions.
Release on bail on personal bond and two sureties subject to specific conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28298 of 2022
Applicant :- Deepak @ Didi Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Avinash Pandey, counsel for the applicant and learned A.G.A for the State.
The instant bail application has been filed on behalf of the applicant, Deepak @ Didi, with a prayer to release him on bail in Case Crime No. 61 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Sadar Bazar, District- Saharanpur, during pendency of trial.
Apart from two cases shown in the gang chart the applicant has criminal history of 12 more cases which has been explained in paragraph 7 of the affidavit in support of bail application. He is on bail in all the cases. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 31.12.2021.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.07 13:12:22 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Colour shows how this judgement treated each authority
Deepak @ Didi
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
