Dilli Rajan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48272 of 2023 Applicant :- Dilli Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 229 of 2023, under Sections 3 (1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Sigra, District-Varanasi, during the pendency of trial.

¶4It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two criminal cases shown in the gang chart. The details of criminal cases have been mentioned in paragraph no. 05 of the affidavit accompanying the bail application. Copies of the bail orders has been annexed as Annexure Nos. 3 & 4 respectively. In the supplementary affidavit the applicant has shown nine cases of criminal history, which is mentioned in para 2 of the supplementary affidavit. In all the nine cases the applicant is on bail. He has been been falsely implicated in the present case due to enmity with the police. He is not the member of any gang. It is further stated that the applicant has no criminal antecedent to his credit except the cases mentioned in the affidavit. The applicant is languishing in jail since 24.08.2023. In case, the applicant is released on bail, he will not misuse the said liberty.

¶5Learned A.G.A has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant - Dilli Rajan, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 Vinod. High Court of Judicature at Allahabad