Allowed

Ajay Dharikar v. State of U.P.

Allahabad HC3 Nov 2020BAIL/37443/2020

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Ajay Dharikar, in a criminal case under Sections 380 and 411 IPC. Bail was extended based on parity with co-accused who had already been released, subject to strict conditions regarding evidence tampering, court attendance, and procedural mandates under the CrPC and IPC.

What did the court decide?

Applicant released on bail via personal bond and two sureties subject to specific conditions of conduct and attendance.

Ajay Dharikar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37443 of 2020

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Applicant :- Ajay Dharikar Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Sandeep Kumar Tiwari , counsel for the applicant and learned A.G.A for the State.

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This bail application has been preferred by the accusedapplicant, Ajay Dharikar , who is involved in Case Crime No. 142 of 2019, under Sections 380, 411 IPC, Police Station Ghorawal, District- Sonbhadra.

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Co-accused persons, Luvkush, Dhanpati Dharikar and Sunil, have already been granted bail vide order dated 29.9.2020 passed in Criminal Misc. Bail Application No. 28247 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 29.05.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Let applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 his under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail 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 his, in accordance with law, under Section 174-A of the Indian Penal Code.

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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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.

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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 :- 3.11.2020 Rohit

Ajay Dharikar v. State of U.P.

Case brief

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Ajay Dharikar v. State of U.P.

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