Allowed

Dhirendra @ Dhiru Singh v. State of U.P.

Allahabad HC11 Sept 2018BAIL/13184/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 13184 of 2018, this court granted bail to the applicant, Dhirendra, in a crime involving IPC offences and POCSO allegations, citing parity and the principle of delaying trial as grounds, subject to standard conditional terms.

What did the court decide?

Bail granted with personal bond and two sureties subject to conditions against interference with evidence or witnesses.

Dhirendra @ Dhiru Singh Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13184 of 2018

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Applicant :- Dhirendra @ Dhiru Singh Opposite Party :- State Of U.P. Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri B.N.Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant-Dhirendra @ Dhiru Singh in Case Crime No.222 of 2013, under Sections 363, 366, 376 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Bithoor, District-Kanpur Nagar with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that other coaccused, namely, Raju Sonkar and John Mohammad, against whom also there are allegations of gang-rape, have been granted bail on the ground of delayed trial as well as their long detention by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 19948 of 2017 and 40277 of 2017 vide orders dated 15.9.2017 and 17.11.2017 respectively. It is argued that the applicant, who is in jail since 22.02.2014, having no criminal history to his credit, also deserves to be released on bail on the ground of parity.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Dhirendra @ Dhiru Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 11.9.2018

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MN/-

Dhirendra @ Dhiru Singh v. State of U.P.

Case brief

What is this about?

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Dhirendra @ Dhiru Singh v. State of U.P.

Case brief

What is this about?

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