Allowed

Diggo @ Digambar v. State of U.P.

Allahabad HC6 Aug 2018BAIL/29443/2018

Case brief

AI extract

What is this about?

This Court allowed a bail application filed by the applicant, Diggo @ Digambar, on the ground of parity with a co-accused who had already been granted bail. The applicant was involved in a theft and criminal breach of trust case under Sections 395 and 412 IPC.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in like amount subject to conditions.

Diggo @ Digambar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29443 of 2018

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Applicant :- Diggo @ Digambar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that co-accused Dhirendra has named the applicant in his statement. The applicant is not named in the FIR. Main accused Dhirendra @ Dheeru has been granted bail by this Court vide order dated 3.5.2018 in Criminal Misc. Bail Application No. 9858 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 26.5.2018.

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Bail order of aforesaid co-accused has been annexed as annexure-4 at page 23 of the bail application.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Diggo @ Digambar involved in Case Crime No.967 of 2017, under Sections 395, 412, I.P.C., Police Station Goverdhan, District Mathura 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 6.8.2018

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T. Sinha

Diggo @ Digambar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Diggo @ Digambar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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