Dinesh Giri Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

Dinesh Giri Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Dinesh Giri on bail on furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant, Dinesh Giri, booked in Case Crime No. 168 of 2025 under Sections 2/3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986 (Police Station Lambhua, District Sultanpur), is entitled to release on bail. +1 more

Court's answer

Prima facie, the applicant appears to have been implicated in the present case merely because he has a criminal history.

Ratio / Principle

There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

Key takeaways

Nothing on record gives rise to a reasonable apprehension that the applicant may tamper with evidence, influence witnesses, abscond and not face the trial, or commit any other offence if released on bail.ratio¶20
Without expressing any opinion on the merits of the case, the Court held that the applicant is entitled to be released on bail, and accordingly allowed the bail application.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. (September 22, 2025): Criminal Misc. Bail Application No. 7417 of 2025 allowed. Applicant Dinesh Giri sought bail in Case Crime No. 168 of 2025 under Sections 2/3(1), U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Lambhua, District Sultanpur. The gang chart showed his involvement in a solitary gang case in which he had already been granted bail; his previous criminal history of two other cases was explained in the supplementary affidavit. He had been in jail since 08.05.2025. The Court prima facie found that the applicant had been implicated merely because of his criminal history, that there was no reasonable ground to prima facie believe his guilt, and that nothing on record suggested he would tamper with evidence, pressurise witnesses, abscond, or commit other offences; it also observed that the minimum punishment on conviction would be imprisonment for two years. Without expressing any opinion on the merits, the Court declared him entitled to bail and ordered release on a personal bond with two reliable sureties of like amount, subject to conditions of non-tampering with prosecution evidence, non-pressurising of prosecution witnesses, and attendance on every trial-court date unless exempted.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 7417 of 2025

Dinesh Giri

.....Applicant(s) Versus

The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)

Counsel for Applicant(s) : Manjeet Singh Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard Mr. Manjeet Singh, the learned counsel for the applicant as well as Ms. Kamlesh Kumari, learned A.G.A. for the State and perused the records.

The instant application has been filed by the applicant seeking bail in F.I.R. bearing Case Crime No.168 of 2025, under Section 2/3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Lambhua, District Sultanpur.

The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant has previous criminal history of two other cases which has been explained in paragraph nos.3-5 of supplementary affidavit filed today.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history and the applicant is

BAIL No. 7417 of 2025

2

languishing in jail since 08.05.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years.

There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail.

In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed .

Let the applicant- Dinesh Giri be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:—

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi,J.)

September 22, 2025 V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench