Dheeraj Gautam Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28478 of 2025

Dheeraj Gautam

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Babu Lal Ram
Counsel for Opposite Party(s)	: G.A.

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Court No. - 70

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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

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The present bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 79 of 2024, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kalyanpur, District- Kanpur Nagar, during pendency of trial.

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The main submissions advanced on behalf of accused is that as per the gang chart four cases which have been made the basis to impose the provisions of Gangsters Act against the accused, in which he has already been granted bail. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 22.02.2024.

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Learned A.GA. for the State has opposed the prayer for bail.

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BAIL No. 28478 of 2025

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2

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let applicant- Dheeraj Gautam , involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local 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 shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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September 12, 2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Dheeraj Gautam v. State of U.P.

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