Allowed

Dharmveer Singh v. State of U.P.

Allahabad HC27 Mar 2019BAIL/12442/2019

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a case involving attempt to murder and conspiracy. The applicant was in jail since October 2019 and had no prior criminal record. The court noted the gravity of the offence but found the applicant had made out a fit case for bail, imposing strict conditions.

What did the court decide?

Bail granted upon furnishing a personal bond and two sureties with specific conditions regarding adjournments, presence in court, and trial conclusion.

Dharmveer Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

¶1

Court No. - 67

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12442 of 2019

¶3

Applicant :- Dharmveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Parvez Iqbal Ansari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard learned counsel for the applicant, learned AGA and perused the record.

¶6

By means of this application, the applicant who is involved in case crime no. 110/2018, under Sections 307, 120-B IPC, P.S. Chitbada Gaon, District- Ballia, is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that though the applicant is named in the FIR but no role has been attributed to him. Ranvijay was responsible for the assault by knife to the injured. As per the medical report, all the injuries are simple in nature. The injured is grand mother of the applicant. It is further contended that there is some domestic violence in which the applicant has been falsely implicated. It is next submitted that the applicant is in jail since 28.301.2019 having no criminal antecedents except the present one.

¶8

Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.

¶10

Let the applicant Dharmveer Singh , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE

¶11

TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶12

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

¶13

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶14

(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.

¶15

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

¶16

However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

¶17

Order Date :- 27.3.2019 Nisha

Dharmveer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmveer Singh 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

Pankaj Kumar and Anr. Vs State of U.P. and Anr.

Rakesh and Another Vs State of U.P. and Another

Azeem and 4 Others Vs State of Up and Another

Vikas Kumar @ Kalu Vs State of U.P. and Anr.

Shaban @ Tinda Vs State of U.P.

Smt Krishna Vs State of U.P.