Allowed

Dheerendra v. State of U.P.

Allahabad HC23 May 2018BAIL/33699/2016

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court allowed the applicant's prayer for release on bail under Section 439 CrPC. The case involved allegations of rape and dowry, and the Court noted the applicant had no criminal history and had been in custody for over eleven months.

What did the court decide?

Bail allowed; applicant released on executing a personal bond and furnishing two sureties.

Dheerendra Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33699 of 2016 Applicant :- Dheerendra Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today is taken on record.

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

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According to prosecution case, F.I.R. was lodged against five accused persons, namely, Dhirendra, Lekhraj, Pawan, Dharmendra, Hariom alleging that this accused has agreed to get marriage with prosecutrix and made illicit relation with her since eight years; for demand of dowry this accused refused to get married with the prosecutrix.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; she is consenting party, both were living together since long and due to some differences she lodged F.I.R against the applicant; there is no possibility to get this case be decided shortly in near future; this case is not supported by the medical evidence; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 17.06.2016 (more than one year and eleven months) having no criminal history.

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Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

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Let the applicant Dheerendra involved in the Case Crime No. 431 of 2016, under Sections 376, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Kant, District Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.

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Order Date :- 23.5.2018/A. Tripathi

Dheerendra v. State of U.P.

Case brief

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Dheerendra v. State of U.P.

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