This bail application was allowed to the applicant Dharmendra. The court held it fit to grant bail considering the applicant's identical role to a co-accused already released, lack of criminal history, and the sudden nature of the incident.
Applicant released on bail by furnishing personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2866 of 2019
Applicant :- Dharmendra Opposite Party :- State Of U.P. Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri R.K. Shahi, learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely Munna, Dharmendra, Ramsumer Kushwaha, Rajan Kushwaha, Manoj Kushwaha, Arvind Chauhan, Ajay Chauhan alleging that on 10.8.2018 they assaulted Tinku @ Vinay, Anarkali Devi and Lalbalu. Lalbabu received three injuries, two on head, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Munna has already been granted bail by this Court vide order dated 2.1.2019 in Criminal Misc. Bail Application No. 48984 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injuries due to which he died. All injuries received by the injured are simple in nature. It was a case of sudden fight and incident has taken place in spur moment. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 23.8.2018 (near about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Munna who has been enlarged on bail.
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.
Let applicant Dharmendra involved in Case Crime No. 735 of 2018, under Sections 147, 148, 149, 308, 323, 379, 326, 304 IPC, Police Station Kotwali Deoria, District Deoria be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.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.
5.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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.1.2019 A. Singh
3 issues framed by the court
Whether the applicant is entitled to bail given the identical role of a co-accousis who was already granted bail.
Whether the applicant has established innocence and lack of witnesses against him.
Whether the conditions of bail and its release can be granted in the present case.
Dharmendra
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
