Allowed

Dinesh Yadav v. State of U.P.

Allahabad HC20 Nov 2023BAIL/49096/2023

Case brief

AI extract

What is this about?

In this bail application, the Court considered the case of Dinesh Yadav under the U.P. Gangsters Act. Relying on the applicant's counsel, the Court found it unlikely that he was improperly implicated. The Court allowed the bail, requiring a personal bond and two sureties.

What did the court decide?

Applicant is released on personal bond and two sureties; conditions imposed on appearance and non-tampering.

Dinesh Yadav Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220209

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49096 of 2023

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Applicant :- Dinesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Sri Mohnish Chandra holding brief of Sri Agnivesh, 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.108 of 2023, under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ramghat, District Bulandshahr, 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 one case shown in the gang chart in which he has been enlarged on bail which has been explained in paragraph-7/8 of the affidavit filed in support of the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no independent witness against him. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 16.10.2023. 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 advanced by the counsel for the applicant 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 - Dinesh Yadav , involved in the aforesaid case 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 :- 20.11.2023

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Shahroz

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

Dinesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dinesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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