High Court · 2025
Case Details
9. The learned counsel for the informant has further submitted that he has given these particulars on the basis of criminal history of the applicant mentioned in the order dated 22.11.2024 passed by Sessions Judge, Ambedkar Nagar in Anticipatory Bail Application No.1224 of 2024.
10. In case the deponent of the counter affidavit has derived this information from any order, he ought to have disclosed in the verification clause that this averment is based on the information derived from the order but the deponent has chosen to state on oath that this statement is true to his own knowledge. When the deponent is opposing the bail application on the basis of his own knowledge, he must have disclosed the complete facts including the name of the police station amongst other things i.e. F.I.R. numbers and sections. Without mentioning complete particulars regarding the criminal cases, the applicant cannot be expected to refute the allegation of his involvement in 43 other criminal cases.
11. In any case, the applicant has been made an accused of offences under Gangster Act on the basis of a gang chart approved by the authorities which mentioned the applicant's involvement in a solitary case under Section 308(2) BNS. The gang chart does not entail a reference to any case relating to kidnapping / abduction / extortion, as has been alleged in the F.I.R. Therefore, it appears that the applicant has been made an accused for the offences under Gangster Act though there have been no material to substantiate the allegation of his involvement in commission of offences relating to kidnapping / abduction / extortion.
12. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that as the applicant has already been granted bail in the solitary case mentioned in the gang chart, which forms basis of his implication in the case under the gangster act, and that the applicant is languishing in jail since 03.05.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
13. Accordingly, this bail application stands allowed.
14. Let the applicant- Dileep Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 14.8.2025 S. Shivhare SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
9. The learned counsel for the informant has further submitted that he has given these particulars on the basis of criminal history of the applicant mentioned in the order dated 22.11.2024 passed by Sessions Judge, Ambedkar Nagar in Anticipatory Bail Application No.1224 of 2024.
10. In case the deponent of the counter affidavit has derived this information from any order, he ought to have disclosed in the verification clause that this averment is based on the information derived from the order but the deponent has chosen to state on oath that this statement is true to his own knowledge. When the deponent is opposing the bail application on the basis of his own knowledge, he must have disclosed the complete facts including the name of the police station amongst other things i.e. F.I.R. numbers and sections. Without mentioning complete particulars regarding the criminal cases, the applicant cannot be expected to refute the allegation of his involvement in 43 other criminal cases.
11. In any case, the applicant has been made an accused of offences under Gangster Act on the basis of a gang chart approved by the authorities which mentioned the applicant's involvement in a solitary case under Section 308(2) BNS. The gang chart does not entail a reference to any case relating to kidnapping / abduction / extortion, as has been alleged in the F.I.R. Therefore, it appears that the applicant has been made an accused for the offences under Gangster Act though there have been no material to substantiate the allegation of his involvement in commission of offences relating to kidnapping / abduction / extortion.
12. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that as the applicant has already been granted bail in the solitary case mentioned in the gang chart, which forms basis of his implication in the case under the gangster act, and that the applicant is languishing in jail since 03.05.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
13. Accordingly, this bail application stands allowed.
14. Let the applicant- Dileep Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 14.8.2025 S. Shivhare SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench