Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16109 of 2021 Applicant :- Dinesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Dinesh Kumar in Case Crime No. 198 of 2020 under Section 3(1) of the U.P. Gangster Act and Prevention of Anti Social Activities Act, Police Station Hallia, District Mirzapur.
Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.
The contention of the learned counsel for the applicant is that he has been implicated in the present crime on account of his involvement in Case Crime No. 131 of 2020 under Sections 41, 411, 379, 413, 419, 420 IPC, P.S. Hallia, District Mirzapur and Case Crime No. 183 of 2020 under Section 379 IPC, P.S. Hallia, District Mirzapur without any consideration of any evidence by the police authorities to the effect that may show that the applicant is a member of a criminal gang or its leader. It is emphatically argued that, in fact, there is no evidence to show that the applicant is a member of a criminal gang or its leader. It is further argued that the applicant has been granted bail in substantive offences by the learned Additional Sessions Judge, Court No. 4, Mirzapur vide her order dated 04.09.2020 passed in Bail Application No. 654 of 2020 and the learned Sessions Judge, Mirzapur vide his order dated 16.10.2020 passed in Bail Application No. 1046 of 2020. It is also argued that the applicant is in jail since 23.07.2020 Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has been enlarged on bail in the substantive offence, and, the fact that prima facie there is no evidence to show that the applicant is a member of a criminal gang or its leader, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Dinesh Kumar in Case Crime No. 198 of 2020 under Section 3(1) of the U.P. Gangster Act and Prevention of Anti Social Activities Act, Police Station Hallia, District Mirzapur be released on bail on executing his 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.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.5.2021 Deepak