Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45779 of 2020 Applicant :- Dileep @ Banta Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to the gang chart, five cases had been shown against accused-applicant and he is on bail in all of five cases. It is further submitted that criminal history of applicant has been explained through supplementary affidavit. The applicant has been falsely implicated in the present case. He is languishing in jail since 18.11.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the case shown in the gang chart.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dileep @ Banta involved in Case Crime No. 0191 of 2019, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Bisanda, District Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 Vikram