Allowed

Dheerendra v. State of U.P.

Allahabad HC5 Nov 2019BAIL/25036/2019

Case brief

AI extract

What is this about?

Court granted bail to the applicant in a criminal case involving sections 304, 325, 323, and 504 IPC, noting that a similarly placed co-accousel had already been released on bail by this Court.

What did the court decide?

Released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to standard bail conditions.

Dheerendra Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25036 of 2019 Applicant :- Dheerendra Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.,Mirza Ali Zulfaqar

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Hon'ble Om Prakash-VII,J.

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

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that co-accused has been granted bail by this Court on 19.9.2019 vide Criminal Misc. Bail Application No. 37644 of 2019. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Applicant is in jail since 11.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned counsel for informant and learned AGA opposed the prayer for bail.

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Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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Let the applicant Dheerendra involved in Case Crime No. 253 of 2019 under Sections 304, 325, 323, 504 IPC, Police Station Shahabad, District - Rampur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.11.2019/safi

Dheerendra v. State of U.P.

Case brief

What is this about?

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Dheerendra v. State of U.P.

Case brief

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What the court decided

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