Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42304 of 2021 Applicant :- Dhirendra Singh @ Dhiru Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vidya Dhar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.117 of 2021, under Sections 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Shaktinagar, district Sonbhadra.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Further, submission made by the learned counsel for the applicant is that the present case under Gangster Act has been imposed against him on the basis of three criminal cases shown in the gang chart, annexed at page-20 of the paper book and in all these cases, he has been bailed out and all the bail orders have been annexed as Annexure-3. The applicant is not involved in any other criminal case except the above three cases. He submitted that the applicant is languishing in jail since 06.08.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dhirendra Singh @ Dhiru Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 AU