Allowed

Dharmveer @ Dharma v. State of U.P. and 2 Others

Allahabad HC15 Dec 2020BAIL/33978/2020

Case brief

AI extract

What is this about?

Hon'ble Ali Zamin, J. granted bail to the applicant in a case involving kidnapping, abduction, and offenses under POCSO. The order issued bail with strict conditions regarding court appearance and witness conduct, referencing the grant of bail to a co-accused.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties each of like amount, subject to conditions of personal appearance and non-interference with evidence/witnesses.

Dharmveer @ Dharma Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33978 of 2020

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Applicant :- Dharmveer @ Dharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.18 of 2020, under Sections 363, 366, 376-D I.P.C. & Section 3/4 POCSO Act, Police Station Basai Mohammadpur, District Firozabad.

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Learned counsel for the applicant submits that there was affair of Kamal Kishore with the victim and on 21.02.2019 at about 9:00 p.m. without telling Kamal Kishore and Dharmveer @ Dharma took away the victim aged about 14 years. He further submits that on inquiry Kamal Kishore and applicant were not found at their house. In statement under Section 161 Cr.P.C. the victim has stated that no one committed any bad act with her while in statement under Section 164 Cr.P.C., she stated that both Dharamveer and Kamal Kishore took away her in a bush, thereafter, she became unconscious. She has also stated that there is a dispute between Dharamveer and Kamal Kishore with her. He further submits that co-accused Kamal Kishore has been granted bail by this Court vide order dated 24.11.2020 in Criminal Misc. Bail Application No.33859 of 2020, case of applicant is at par of co-accused. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Thee applicant is languishing in jail since 28.02.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Dharmveer @ Dharma involved in aforesaid

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case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.12.2020 Jitendra

Dharmveer @ Dharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dharmveer @ Dharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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