Allowed

Dharmendra Nishad v. State of U.P.

Allahabad HC10 Nov 2022BAIL/50175/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad adjudicated on a bail application under the Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986. The court allowed the bail, requiring the applicant to furnish a personal bond and two sureties subject to specific conditions.

What did the court decide?

Acquisitor released on bail upon furnishing a personal bond and two sureties subject to conditions.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50175 of 2022

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Applicant :- Dharmendra Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Dharmendra Nishad for grant of bail, in case Crime No. 272 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Pailani, District Banda, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in single case mentioned in the gang chart. However, in single case mentioned in the gang chart, the applicant has been enlarged on bail by the competent court and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit in support of bail application. It is further submitted that apart from the cases mentioned in the gang chart, the applicant there is criminal history of one more case. The applicant is detained in prison since 15.09.2022 and there is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Dharmendra Nishad involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction

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of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 10.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.11 13:36:55 IST Reason: Location: High Court of Judicature at Allahabad

Dharmendra Nishad v. State of U.P.

Case brief

What is this about?

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Dharmendra Nishad v. State of U.P.

Case brief

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