Court allowed bail to applicant Dharmendra in a case under the UP Gangsters Act, 1986, noting the co-accused similarly situated was already granted bail. Bail granted subject to personal bond, two sureties, and standard conditions.
Release on bail upon executing personal bond and furnishing two sureties in the like amount.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58003 of 2022
Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Bindeshwari Prasad Mishra,Chandra Prakash Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Learned counsel for the applicant has produced before the Court bail order of co-accused, Dinesh @ Batera passed by another co-ordinate Benche of this Court in Criminal Misc. Bail Application No. 35189 of 2022 vide order dated 15.09.2022. It is taken on record.
This is an application for bail on behalf of the applicant, Dharmendra, in Case Crime No. 205 of 2022, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Vrindavan, District Mathura.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is submitted that he has been implicated in the present case on account of his involvement in six substantive offences, namely, case crime nos. 17 of 2021, under Sections 392/411, case crime no. 154 of 2021 under Section 414 I.P.C., case crime no. 85 of 2021, under Section 392/411 I.P.C., case crime no. 91 of 2022 under Section 420 I.P.C., case crime no. 168 of 2021 under section 392/411 I.P.C. and case crime no. 51 of 2022 under Section 379/411 I.P.C. mentioned in the gang chart. Apart from the cases shown in the gang chart three more cases have been registered against the applicant which have
been explained in paragraph seven of the affidavit filed in support of the bail application. It is next argued that the applicant has been admitted to bail all the substantive offences, copies of the bail order whereof is annexed as Annexure No. 3 to the affidavit filed in support of the bail application. It is further submitted that co-accused Dinesh alias Batera, identically circumstanced as the applicant has already been enlarged on bail by another coordinate bench of this court vide order dated 15.09.2022 passed in Criminal Misc. Bail Application No. 35189 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 05.03.2022 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that coaccused, Dinesh alias Batera, similarly situate as the applicant, has already been enlarged on bail, and taking note of Section 19(4)(b) of the Gangsters Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed .
Let the applicant, Dharmendra , involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 19.12.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.12.20 09:38:21 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering the co-accused similarly placed has already been enlarged on bail under Section 19(4)(b) of the Gangsters Act.
Whether the applicant should be released on bail subject to standard conditions despite the gravity of the offence under the Gangsters Act.
Colour shows how this judgement treated each authority
Co-accused Dinesh @ Batera, Bail ApplicationReferred¶6
Criminal Misc. Bail Application No. 35189 of 2022
2 provisions across 1 enactments
Dharmendra
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
