Allowed

Dharmendra Kumar v. State of U.P.

Allahabad HC16 Aug 2018BAIL/31048/2018

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a criminal case involving cheating, forgery, and criminal breach of trust, holding that he is entitled to release on parity as his co-accused were previously granted bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties each, subject to specified conditions regarding evidence tampering, witness intimidation, and court attendance.

Dharmendra Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31048 of 2018

¶3

Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

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

¶6

It has been contended by the learned counsel for the applicant that the co-accused Amit Prajapati and Arun Prajapati have been granted bail by this Court vide order dated 14.8.2018 in Criminal Misc. Bail Application No. 30572 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 10.6.2018.

¶7

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.

¶8

Bail order of aforesaid co-accused has been produced by the learned counsel for the applicant. The same is taken on record.

¶9

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

¶10

Let the applicant Dharmendra Kumar involved in Case Crime No. 542 of 2018 under Sections 420, 467, 468, 471, 414 IPC Police Station Delhigate, District Aligarh 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 with the following conditions:-

¶11

(i) The applicant will not tamper with the evidence during the trial.

¶12

(ii) The applicant will not pressurize/intimidate the prosecution witness.

¶13

(iii) The applicant will appear before the trial Court on the date

¶14

fixed.

¶15

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶16

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶17

Order Date :- 16.8.2018 Atul kr. sri.

Dharmendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ashutosh Singh Vs State of U.P. and Others

Deepanshu Vs State of U.P.

Gaus Mohammad Vs Smt. Badrunisa

Nishant Vs State of U.P.

Ram Sajiwan Vs State of U.P. and Another

Nageshwar Kumar Sharma Vs State of U.P.