Allowed

Bhajju @ Parmeshwari Dayal v. State of U.P.

Allahabad HC7 Jan 2019BAIL/4212/2018

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Bhajju @ Parmeshwari Dayal. The applicant was detained over a year despite having no criminal history. The court found the case fit for bail upon furnishing a personal bond and two sureties, subject to standard conditions.

What did the court decide?

Bail granted upon furnishing a personal bond and two sureties on the concerned terms and conditions.

Bhajju @ Parmeshwari Dayal Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4212 of 2018

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Applicant :- Bhajju @ Parmeshwari Dayal Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Mishra,Aradhana Singh,Manohar Prasad Gupta,Siya Ram Verma Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Rejoinder affidavit filed today is taken on record.

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

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According to prosecution case, F.I.R. was lodged on 21.3.2017 (after 12 days of incident) against Ginni, Bhajju @ Parmeshwar Dayal, Govind, Chandu, wives of Bhajju, Govind and Chandu alleging that on 9.3.2017 they assaulted Parwati (mother of complainant), she received one head injury, resultantly died.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Only one injury was found on the body of deceased. It is not clear from the prosecution case, who is the author of head injury due to which he died. He is poor person. F.I.R. was lodged after 12 days of incident without explaining any delay. There are general allegations against all accused persons. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no possibility to get this case decided in short period in future. He is languishing in jail since 27.9.2017 (more than one year three 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.

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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.

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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.

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Let applicant Bhajju @ Parmeshwari Dayal involved in Case Crime No. 311 of 2017, under Sections 147, 323, 304, 120-B, 506 IPC, Police Station Bhognipur, District Kanpur

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Dehat 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:

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

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 7.1.2019 A. Singh

Bhajju @ Parmeshwari Dayal v. State of U.P.

Case brief

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Bhajju @ Parmeshwari Dayal v. State of U.P.

Case brief

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