Allowed

Dharmdeo v. State of U.P.

Allahabad HC24 Nov 2023BAIL/43205/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Allahabad High Court allowed bail to the applicant, a non-gang member falsely implicated under the UP Gangsters Act, subject to personal bonds and conditions to prevent evidence tampering, rejecting merits contention explicitly.

What did the court decide?

Release on bail on furnishing personal bond and two sureties subject to conditions of appearing in court, not tampering with evidence, and not pressurizing witnesses.

Dharmdeo Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:223749

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43205 of 2023

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Applicant :- Dharmdeo Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Maniji Bakhshi,Pankaj Kumar Rai

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.283 of 2021, under Section 3(1) UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Siddharth Nagar, District Siddharth Nagar, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two cases shown in the gang chart in which he has been enlarged on bail. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further contended that there is criminal history of three other cases against the applicant which has been explained in paragraph-3 of the supplementary affidavit in which also he has been enlarged on bail. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 03.11.2022. In case the applicant is released on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Dharmdeo , involved in the aforesaid case

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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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 24.11.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Dharmdeo v. State of U.P.

Case brief

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Dharmdeo v. State of U.P.

Case brief

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