Allowed

Dharmender Alias Phullu v. State of U.P.

Allahabad HC2 Feb 2023BAIL/58465/2022

Case brief

AI extract

What is this about?

High Court Court No. 78 allowed bail for an applicant accused under the U.P. Gangster and Anti Social Activities Act, referring to the Supreme Court decision in Satendra Kumar Antil, observing that the applicant had made out a case for release on personal bond and sureties.

What did the court decide?

Applicant to be released on bail upon furnishing a personal bond and two sureties in the like amount.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58465 of 2022

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Applicant :- Dharmender Alias Phullu Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Bhardwaj,Akash Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 174 of 2022, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Medical College, District Meerut during pendency of the trial.

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Learned counsel for the applicant submitted that one case is shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the case shown in the gang chart which is annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 16.2.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Dharmender @ Phullu, who is 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 following

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conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 2.2.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Dharmender Alias Phullu v. State of U.P.

Case brief

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Dharmender Alias Phullu v. State of U.P.

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