Allahabad High Court
Dakkhini Lal vs State Of U.P. on 9 July, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19155 of 2020 Applicant :- Dakkhini Lal Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard Sri Manish Kumar Dwivedi, counsel for the applicant and learned A.G.A through Video Conferencing.
The instant bail application has been filed on behalf of the applicant,Dakkhini Lal, with a prayer to release him on bail in Case Crime No. 247 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Karari, District- Kaushambi, during pendency of trial.
According to the gang chart the applicant is said to has been involved in one criminal case wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 11.09.2019.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.7.2020 Rohit