Allowed

Dheeru @ Dheeraj v. State of U.P.

Allahabad HC11 Dec 2023BAIL/50577/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, observing that the opposing counsel could not satisfactorily dispute the applicant's submission of false implication.

What did the court decide?

Application for bail granted. Applicant released on personal bond and two sureties with conditions against tampering with evidence and pressuring witnesses.

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

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Neutral Citation No. - 2023:AHC:234771

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50577 of 2023

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Applicant :- Dheeru @ Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

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Heard Sri Sanjay Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

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The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 575 of 2023, under Sections 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- Khurja Nagar, District- Bulandshahr, during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated by the police in the instant case due to some ulterior motive. He further contends that on the basis of three criminal cases triable by the Court of Magistrate, the proceedings under the Gangster Act has been launched against the applicant. In the aforesaid cases the accused-applicant has already been enlarged on bail. Copies of the bail orders have been annexed as Annexure No. 03 with the application. In addition to that other two criminal history has been explained in para 8 of the affidavit, in which also the applicant has already been enlarged on bail. Copies of the bail orders have also been Annexed as Anneure No. 4 with the application. Rest criminal history has been explained in para 2 of the supplementary affidavit. The applicant has no criminal antecedent in his credit except the cases mentioned in the affidavit. He is in jail since 16.10.2023, in case he is enlarged on bail, his will not misuse the said liberty.

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Learned A.G.A. 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 submissions made but without commenting on merits of the case, I am of the opinion that

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the applicant is entitled to be enlarged on bail.

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Let the applicant, Dheeru @ Dheeraj, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that :

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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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 :- 11.12.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Dheeru @ Dheeraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dheeru @ Dheeraj v. State of U.P.

Case brief

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