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Allahabad High Court · body

2013 DIGILAW 1712 (ALL)

Dinesh Dom v. State of U. P.

2013-06-28

HET SINGH YADAV

body2013
Het Singh Yadav,J.;— The applicant, who alleged to have been involved in the Case Crime No.226 of 2011 under Sections 2/3 (1) Gangesters and Anti Social Activities (Prevention) Act, Police Station-Chandauli, District-Chandauli, has moved this application to enlarge him on bail. 2. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 3. Learned counsel for the applicant submits that the applicant has been booked in this gangster case on account of pendency of three criminal cases against him shown in the gang-chart. The applicant has been granted bail in all the three cases on the basis of which he has been booked in this case. Therefore, the applicant deserves to be enlarged on bail. 4. Learned A.G.A. opposed the bail application. However, it is not disputed by him that the applicant has been granted bail in all the three cases shown in the gang chart. 5. Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicant deserves to be enlarged on bail. 6. Let applicant-Dinesh Dom involved in the Case Crime No. 226 of 2011 under Sections 2/3 (1) Gangesters and Anti Social Activities (Prevention) Act, Police Station- Kotwali Chandauli, District-Chandauli be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that: (i) The applicant will mark his attendance at Police Station-concerned once in the first week of every calendar month during the trial. (ii) 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 him to disclose such facts to the Court or to any other authority. (iii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. (iv) He will not mis-use the liberty of the bail and will not repeat any such instance in future. 7. Deviation of any of the above conditions shall entail cancellation of bail. _____________