Dileep Singh @ M.P v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12567 of 2023 Applicant :- Dileep Singh @ M.P. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Yadav,Archana Yadav,Pratima Yadav,Sunil Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs despite communication sent to the appropriate authority, instructions could not be furnished.

¶2Perusal of the Gang Chart enclosed with the bail application, which has not been disputed by the State, reflects that in total three cases are shown in front of the name of the applicant. Thus, in all probability the applicant is having three criminal cases pending against him, which appears to have been explained.

¶3Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the applicant/Dileep Singh @ M.P. for grant of bail, in Case Crime No. 0160 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sawayajpur, District Gonda, during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the three cases mentioned in the gang chart. However, in these three cases the applicant has been released on bail by the trial Court and copy of the bail orders, with regard to these three cases have been placed at Annexure No.3 to the bail application.

¶6It is further submitted that apart from the above mentioned three criminal cases, the applicant is involved in one other criminal case and in that case he has also been released on bail by the trial Court and copy of that bail order has been placed at Annexure No.4 to the bail application. Applicant is in jail in this matter since 02.08.2023 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

¶7Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in three criminal cases mentioned in the gang chart. However, in these three cases the applicant has been released on bail by the trial Court. Apart from the above-mentioned three criminal cases, applicant is also shown involved in one other case and in that case also he has been granted the facility of bail by the trial Court. Applicant is in jail in this matter since 02.08.2023 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the applicant/Dileep Singh @ M.P. involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 26.10.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench