Allowed

Dhanveer v. State of U.P.

Allahabad HC2 Apr 2019BAIL/13444/2019

Case brief

AI extract

What is this about?

The single bench granted bail to the applicant, Dhanveer, in a case concerning homicide and unlawful assembly, observing that he is a fit case despite the severity of punishment and pending trials of co-accused.

What did the court decide?

The applicant Dhanveer is released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions of cooperation with trial and no tampering with evidence.

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13444 of 2019

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Applicant :- Dhanveer Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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Learned counsel for the applicant contends that applicant has been falsely implicated; that as per averments made in N.C.R. lodged by Smt. Asha against applicant and three others, her son and husband were selling vegetables in market and meanwhile applicant and co-accused persons arrived there, started abusing them and upon protest committed maarpeet with lathi danda causing head injuries to her son and husband; that due to injuries sustained in the incident deceased died on 12.12.2017 after a period of about one month of incident and as per postmortem report, cause of death was coma and septicaemia due to solitary ante mortem head injury; that no specific role or weapon has been assigned to applicant and applicant has not been assigned with the role of causing head injury to deceased; that as per prosecution case there were four assailants and applicant may not be considered to be author of solitary head injury of deceased; that co-accused Raju and Sanjeev with identical role have been granted bail by this Court vide orders dated 15.11.20108 & 3.12.2018 passed in Criminal Misc. Bail Application Nos.42287 of 2018 & 25287 of 2018, copies filed at Annexure-7; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 26.7.2018.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Dhanveer be released on bail in Case Crime No. 1269 of 2017 (S.T. No.38/2019), under Sections 304, 323, 504, I.P.C., P.S. Baradari, District Bareilly, on furnishing a

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personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 2.4.2019 T. Sinha

Dhanveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dhanveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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