Allowed

Dharmendra @ D.K. v. State of U.P.

Allahabad HC19 Jun 2023BAIL/14358/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the applicant's petition to be enlarged on bail pending trial in a case under the U.P. Gangster and Prevention of Anti-Social Activities Act, 1986, considering his prior bail in related cases.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two reliable sureties, subject to conditions regarding evidence tampering, witness influence, and court appearance.

Dharmendra @ D.K. Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127261

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14358 of 2023

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Applicant :- Dharmendra @ D.K. Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Pawan Kumar Patel Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard the learned counsel for the applicant and the learned A.G.A. for the State.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.165 of 2023, under Section 2/3 of U.P. Gangster and Prevention of Anti-Social Activities Act, 1986, P.S.-Shikohabad, District- Firozabad.

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It is contended by learned counsel for the applicant that applicant is an innocent person, who has been falsely implicated in five cases shown in the gang chart, in which he is already on bail. The applicant has explained the criminal history in paragraph 10 of the bail application and he is languishing in jail since 13.03.2023. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the aforesaid case.

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Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has already been granted bail in the cases mentioned in the gang-chart.

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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 .

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Let the applicant Dharmendra @ D.K. be released on bail in the aforesaid case crime number on his furnishing a personal bond and

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two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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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.

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Order Date :- 19.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Dharmendra @ D.K. v. State of U.P.

Case brief

What is this about?

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Dharmendra @ D.K. v. State of U.P.

Case brief

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