The Allahabad High Court disposed of a bail application filed under the U.P. Gangsters Act. The Court observed that the applicant had made out a case for bail, citing a prior Supreme Court precedent. The applicant was released on bail subject to security and specific conditions.
Release on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35029 of 2022
Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Amar Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Counter and supplementary affidavits, filed today, are taken on record.
Heard learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.189 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Phoolpur, District Azamgarh, during pendency of trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by the court concerned, copy of the bail order is annexed as Annexure-3 to the affidavit filed in support of the bail application. Apart from the case shown in the gang chart, the applicant has eight cases of criminal history and he has been granted bail. Further submission is that, co-accused, namely, Ibrahim and Ehsan have been granted bail by co-ordinate Bench of this Court vide orders dated 18.07.2022 and 03.08.2022 passed in Crl. Misc. Bail Application Nos. 28695 of 2022 and 28010 of 2022, respectively, hence the applicant is entitled for bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 07.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Dilshad 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.26 18:03:25 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail under the U.P. Gangsters Act.
Whether the applicant has made out a case for bail considering the nature of offence and facts.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another
1 provisions across 1 enactments
Dilshad
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
