Allowed

Dilshad v. State of U.P.

Allahabad HC17 Nov 2020BAIL/39654/2020

Case brief

AI extract

What is this about?

The court granted bail to Dilshad in Case Crime No. 0201 of 2020 concerning Sections 394, 342, 411, 420, 468 IPC. The court emphasized the mandate of Article 21 and referenced Dataram Singh, allowing release on surety-bond subject to specific operational conditions.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties each in the like amount subject to specified conditions.

Dilshad Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39654 of 2020

¶3

Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned AGA for the State.

¶6

The instant bail application has been filed on behalf of the applicant, Dilshad, with a prayer to release him on bail in Case Crime No. 0201 of 2020, under Sections 394, 342, 411, 420, 468 IPC, Police Station Kaundhiyara, District- Prayagraj, during pendency of trial.

¶7

There is allegation against two unknown persons regarding robbery of a truck, Rs.50,000/-, one mobile phone.

¶8

Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. He was not named in the FIR. Recovery of truck has been made from the co-accused and recovery of Rs.3500/- alongwith one country-made pistol and one cartridge has been made from the applicant, but there is no public witness of the same. No identification was conducted to identify the applicant. The applicant has no criminal history to his credit and is in jail since 12.7.2020.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶10

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶11

The applicant shall not tamper with the prosecution

¶12

evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

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

¶14

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

¶15

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.

¶16

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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

¶17

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

¶18

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.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

Order Date :- 17.11.2020 Ruchi Agrahari

Dilshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dilshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Guljar Vs State of U.P.

Vijay Karan Rajpoot Vs State of U.P.

Akib Vs State of U.P.

Chandra Prakash @ C.P Bind Vs State of U.P.

Manish Vs State of U.P.

Shivam Vs State of U.P.