Allowed

Guddu Dadhi v. State of U.P.

Allahabad HC13 Oct 2022BAIL/38928/2022

Case brief

AI extract

What is this about?

This Court allowed a bail application under the U.P. Gangster Act for an applicant already on bail in other cases, releasing him on personal bond and heavy sureties subject to standard conditions, citing statutory provisions and referring to Dataram Singh.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two heavy sureties each in an amount to be fixed by the court concerned.

Guddu Dadhi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 49

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38928 of 2022

¶3

Applicant :- Guddu Dadhi Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Nalin Kumar Srivastava,J.

¶5

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

¶6

It is submitted by learned counsel for the applicant that the applicant is on bail in all the five cases shown against him in the gang chart. The applicant has been falsely implicated in the present case due to ulterior motive and on the basis of false facts. There is no reliable evidence against him. It is further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶7

On the other hand, learned A.G.A. opposed the prayer for bail.

¶8

As per the gang chart, five cases have been shown against the applicant and in all the cases, applicant has been enlarged on bail. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the 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.

¶9

Let the applicant Guddu Dadhi involved in Case Crime No.1285 of 2008 under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Pharenda, District - Maharajganj be released on bail on his furnishing a personal bond and two heavy 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.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution

¶12

witness.

¶13

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶15

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 or to any police officer or tamper with the evidence.

¶16

In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.

¶17

Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.

¶18

Order Date :- 13.10.2022 ss

¶19

Digitally signed by SANDEEP SHARMA Date: 2022.10.14 15:27:22 IST Reason: Location: High Court of Judicature at Allahabad

Guddu Dadhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Guddu Dadhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Neha Vs State of U.P. and 4 Others

Smt Priyanka Vs State of U.P. and 6 Others

Ashish Singh Vs State of U.P. and Another

Piyush Sisodiya Vs State of U.P.

Naushad Vs State of U.P.

Pankaj Vs State of U.P.