Criminal bail application filed under U.P. Gangsters and Anti Social Activities Act. Court allowed bail without expressing an opinion on merits, applying the principle from Dataram Singh.
Release on bail by furnishing personal bond and two local sureties subject to conditions regarding trial attendance and evidence tampering.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37999 of 2022
Applicant :- Dilip Khangar Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 635 of 2020, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mauranipur, District Jhansi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, two cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-3 & 4 to the bail application. Apart from it, it is submitted that applicant has criminal history of three more cases, in which he has already been enlarged on bail, copies of bail orders are already annexed to this bail application at Annexure 5 and 6. It is further submitted that applicant is languishing in jail since 07.01.2021 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dilip Khangar in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant shall not directly or indirectly make any 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 13.9.2022 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 17:49:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and AnotherReferred¶9
Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Dilip Khangar
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Mayank Kumar Jain and Mohit Kumar Kushwaha
Parties & counsel
