The High Court allowed a bail application in a case under the U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, observing that the applicant had already been granted bail in two other related gang cases.
Release on bail pending conclusion of trial by furnishing personal bond and two sureties subject to specific conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44936 of 2022
Applicant :- Neetu @ Sammy Dhimar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 281 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Phase-2 NOIDA, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, two cases have been shown against the applicant in case crime nos.150 of 2022 and 161 of 2022 in which the applicant has already been enlarged on bail. It is further submitted that the applicant is languishing in jail since 17.04.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Having regard to the facts that the applicant has already been granted bail in two cases mentioned in the gang-chart, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Neetu @ Sammy Dhimar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail before this Court seeking cancellation of bail.
Order Date :- 12.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.12 16:39:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the pending trial under the U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986.
1 provisions across 1 enactments
Neetu @ Sammy Dhimar
State of U.P.
Gajendra Kumar
As recorded by the court registry
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