A single judge granted bail to the applicant in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The court proceeded without addressing the merits of the charges.
Release of the applicant on bail upon furnishing a personal bond and two sureties in like amount.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40410 of 2022
Applicant :- Dhirendra Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Shankar Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard Sri Krishna Shankar, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 57 of 2022, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhoganipur, District Kanpur Dehat, during pendency of the trial in the Court below.
It has been submitted that the gang chart mentions five cases against the applicant in which the applicant has already been granted bail. It has further been submitted that except the cases shown in the gang chart, the applicant has no criminal history. It has further been submitted that applicant is languishing in jail since 17.08.2022.
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.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicant Dhirendra Singh Yadav be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date
fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 :- 10.10.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.10.11 14:00:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is to be granted in a criminal case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 without making observations on merits.
1 provisions across 1 enactments
Dhirendra Singh Yadav
Hon'ble Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
