Allahabad High Court
Dharma @ Dharmendra vs State Of U.P. on 8 April, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7931 of 2020 Applicant :- Dharma @ Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Dharma @ Dharmendra in connection with Case Crime No.03 of 2020, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sikandra, District Agra.
Perused the affidavit in support of the bail application and the documents filed therewith as annexures. The case made out in the affidavit is that the applicant has been implicated in the present crime on the basis of his involvement in Case Crime No.711 of 2019, under Section 302, 394, 411, IPC, Police Station Sikandra District Agra and Case Crime No.819 of 2019, under Section 3/25 Arms Act, Police Station Sikandra District Agra, with no positive evidence forthcoming to show that the applicant is either the leader or a member of a criminal gang. It is stated in paragraph-7 of the affidavit that in Case Crime No.711 of 2019 (supra), the applicant has been admitted to bail by this Court vide order dated 22.01.2020 passed in Criminal Misc. Bail Application No.3537 of 2020. The other case shown in the gang chart is one under Section 3/25 Arms Act, which is not relevant to a prosecution under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 going by the provisions of Section 2(b)(xxii) of the said Act. It is further indicated in the affidavit that the applicant is in jail since 01.01.2020.
Notice of this bail was served upon the learned Government Advocate on 13.02.2020 and the case is shown in the days list of fresh cases. No objection or counter affidavit has been filed on behalf of the State.
Considering the entire facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is no evidence to show that the applicant is a member or the leader of a gang, the fact that in one of the two substantive offences, the applicant has been admitted to bail, the fact that the other substantive offence mentioned in the gang chart is not relevant for the purposes of Gangster Act, 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, Dharma @ Dharmendra in connection with Case Crime No.03 of 2020, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sikandra, District Agra be released on bail on executing a personal bond along with two sureties each in the like amount to the satisfaction of the Court concerned subject to the 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 applicant shall cause to be filed before the Court empowered to release the applicant in compliance with this order a computer generated copy of this order downloaded from the official website of the Allahabad High Court.
vii) The computer generated copy of this order shall be attested by the learned Counsel for the applicant, who files that copy before the Court empowered to release.
viii) The Court concerned shall verify the authenticity of the said computer generated and attested copy of the order from the official website of the Allahabad High Court, and shall endorse in his hand a certification to the effect that he has undertaken a verification of the copy of this order as aforesaid in the manner above directed.
In case of default of any of the conditions nos. i) to v) enumerated above, the prosecution 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 of opinion 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 :- 8.4.2020 NSC