Dharamraj Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51818 of 2023 Applicant :- Dharamraj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Vaishya 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.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.127 of 2023, under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Chitaipur, District Varanasi, 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 two cases shown in the gang chart in which he has been enlarged on bail which has been explained in paragraph-7 of the affidavit filed in support of the bail application. It is also contended that the co-accused, Amit Kumar Yadav @ Babu Kumar Sahab and Anil Kumar Yadav having similar role to that of the applicant have already been enlarged on bail by co-ordinate Benches of this Court vide order dated 27.10.2023 passed in Criminal Misc. Bail Application No.45174 of 2023 and the order dated 02.11.2023 passed in Criminal Misc. Bail Application No.45284 of 2023, respectively, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. 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 17.11.2023. 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 - Dharamraj Yadav, 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 :- 11.12.2023 Shahroz High Court of Judicature at Allahabad