The Court granted bail to Dharam Pal Singh Yadav, citing parity with co-accused. Bail was granted with a security of Rs. 10,00,000 and standard conditions regarding attendance and misuse of liberty.
Released on bail by furnishing a personal bond, two sureties, and security of Rs. 10,00,000 other than cash or bank guarantee.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6261 of 2018
Applicant :- Dharam Pal Singh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Swati Agrawal,Abhishek Kumar Yadav,L.M.Singh,Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant has submitted that accused applicant has falsely been implicated in the present case. It is further submitted that the case of the applicant is identical to the case of co-accused namely Bhailal Saroj and Ashutosh Kumar Singh, who have already been granted bail by this Court vide orders dated 30.01.2018 and 01.02.2018 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. The accused applicant is languishing in jail since 02.12.2017. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
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.
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.
Let the applicant, namely, Dharam Pal Singh Yadav involved in Case Crime No.413 of 2017, under Sections 419, 420,467, 468, 471, 34/120-B I.P.C. and 3/5 Prevention of Damages to Public Property Act, Police Station Jhunsi, District Allahabad 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 and also subject to furnishing security other than cash or bank guarantee of Rs.10,00,000/- (Ten Lac) before his release.
It is made clear that furnishing of aforesaid security by the applicant will not, in any way, prejudice the right/defence of the applicant during the trial of the case.
In case the applicant is acquitted in the present criminal case by the court of law, aforesaid security, if furnished by the applicant, shall be discharged in his favour.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in
accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions or in case of default in deposition of amount as directed herein above, the trial court will be at liberty to cancel the bail granted herein above and the applicant will be taken into custody immediately.
Order Date :- 12.4.2018 Anupam S/-
2 issues framed by the court
Whether an accused applicant entitled to bail on grounds of parity with co-accused already granted bail in identical cases.
Whether reasonable apprehension of tampering with witnesses and severity of punishment justify bail.
6 provisions across 3 enactments
Dharam Pal Singh Yadav
Rekha Dikshit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
