This court allowed a bail application filed by Dada Ram in a case registered under the U.P. Gangster Act. The court held that the applicant had made out a case for bail and ordered his release subject to conditions.
Release of applicant on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35237 of 2022
Applicant :- Dada Ram Opposite Party :- State of U.P. Counsel for Applicant :- Poonam Mishra,Surya Mani Tripathi 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 with a prayer to release the applicant on bail in Case Crime No.664 of 2021, registered under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Lanka, District Varanasi during pendency of the trial.
Learned counsel for the applicant submitted that one case is shown in the gang chart against the applicant on that account Gangster Act has been imposed. The applicant has been enlarged on bail in offences alleged in gang chart by coordinate Bench of this Court in Criminal Misc. Bail Application No.21601 of 2021 vide order dated 16.06.2021, a copy of the same has been annexed as Annexure 3 to the writ petition. The applicant is innocent and has been falsely implicated in the present case due to mala fide intention. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 14.07.2022. In case, the applicant is released 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 , 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, Dada Ram, who is involved in the aforesaid case 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 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 :- 14.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.17 15:47:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in proceedings under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another
1 provisions across 1 enactments
Dada Ram
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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