Single judge of Allahabad High Court allowed bail in a criminal appeal under the U.P. Gangsters Act, releasing the applicant on personal bond and two sureties subject to standard conditions regarding witness tampering and future conduct.
Release on bail on furnishing a personal bond and two sureties in like amount to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6986 of 2022
Applicant :- Dharmendra Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Prathamesh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Prathamesh Upadhyay, learned counsel for the applicant and Sri Avaneesh Kumar Shukla, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Dharmendra Ahirwar for enlarging him on bail in Case Crime No.242 of 2021 under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police StationKurara, District-Hamirpur.
The bail application so preferred by the applicant has been rejected by the court below on 2.11.2021.
Learned counsel for the applicant has invited the attention of this Court towards page no.-17 so as to contend that in the gang chart only one case is being sought to be shown to pending against the applicant being Case Crime no. 145 of 2021 in which he has been enlarged on bail on 3.2.202 in Criminal Misc. Bail Application No.48131 of 2021 order whereof is appended at page-20 of the paper-book. He has further argued that so far as Case Crime No.186 of 2021 is concerned, the same purports to be under Section 3/25 of the Arms Act, in which he has been enlarged on bail on 15.2.2022. He has further argued that Case Crime No.30 of 2020 under the Gunda Act is concerned the efficacy of the same stands eliminated.
Learned counsel for the applicant further argued that once the applicant has been enlarged on bail in all the cases mentioned above, there is no occasion to invoke the said provisions while the applicant is languishing in jail since 11.8.2021. Learned counsel for the applicant has further submitted that if the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail.
Countering the said submission, the learned A.G.A. has opposed the bail while arguing that offence has been committed by the applicant, as such he has been proceeded in the case in
question and merely because his name finds place in the FIR, but he could not dispute the fact that the criminal history has been properly explained and applicant is languishing in jail since 11.8.2021.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as the criminal history has been properly explained, and applicant is languishing in jail since 11.8.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Dharmendra Ahirwar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are
accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 9.3.2022 piyush
Digitally signed by PIYUSH KUMAR Date: 2022.03.10 10:39:08 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for bail considering his criminal history and pending charges under the U.P. Gangsters Act.
2 provisions across 2 enactments
Dharmendra Ahirwar
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
