Dinesh @ Dunesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50960 of 2023 Applicant :- Dinesh @ Dunesh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of the present bail application, the applicant seeks bail in Case Crime No.123 of 2023, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mundali, District Meerut, during the pendency of trial.

¶3It 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 one case shown in the gang chart in which he has been enlarged on bail which has been explained in paragraph-9 of the affidavit filed in support of the bail application. Apart from the cases mentioned in the gang charge there is criminal history of three other cases against the applicant which have been mentioned in paragraph-10 of the said affidavit in which also he has been enlarged on bail. It is also contended that the co-accused, Virendra having similar role has already been enlarged on bail by this Court vide order dated

20.11.2023 passed in Criminal Misc. Bail Application No.49209 of 2023, therefore, the applicant is entitled to be enlarged on bail on the ground of parity also. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 31.10.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions advanced by the learned counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Dinesh @ Dunesh, 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.

¶7In 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 :- 7.12.2023 Shahroz/Vinod. High Court of Judicature at Allahabad