Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13354 of 2021 Applicant :- Dilip @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pankaj Kumar Mishra, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
Learned counsel for applicant submits that according to the cases mentioned in gang chart, which is annexed at page-20 of the paper book, applicant has criminal history of two cases in which he has been granted bail. The bail orders have been brought on record at page- 22 and 24 of the paper book. According to learned counsel for applicant, there is no material against applicant to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. Apart from the cases mentioned in gang chart, there are two other cases levelled against applicant in which he has been bailed out. Photocopy of bail orders are annexed as Annexure-4 to the affidavit. On the aforesaid premise, it is urged that applicant undertakes that he will not misuse the liberty of bail. Applicant is in jail since 24.07.2020.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant- Dilip @ Chhotu involved in Case Crime No.262 of 2020, under sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S.- Lodha, District- Aligarh, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. Applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.4.2021 Saif