Allowed

Dharamvir v. State of U.P.

Allahabad HC7 Sept 2020BAIL/9876/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad disposed of a bail application by granting release on bail to the applicant, Dharamvir, charged under matrimonial and criminal offences. The court noted a compromise between the parties and relied on constitutional principles without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail on personal bond and two sureties subject to attending trial and not tampering with witnesses.

Dharamvir Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2020)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9876 of 2020

¶3

Applicant :- Dharamvir Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Gupta Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Sri V.S. Parmar, learned counsel has put in appearance on behalf of the informant by filing his Vakalatnama today in the Court, which is taken on record.

¶6

Counter affidavit filed by learned counsel for the first informant today in the Court is also taken on record.

¶7

Heard Sri Dinesh Kumar Gupta, learned counsel for the applicant and Sri V. S. Parmar, learned counsel for the informant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

¶8

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant and injured are the husband and wife and compromise has arrived at between them. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.11.2019. It has been pointed out that the applicant has no criminal history.

¶9

Learned counsel for the complainant as well as A.G.A. has vehemently opposed the prayer. However learned counsel for the complainant has supported the fact of compromise arrived at between applicant-Dharmvir and the injured-Rubi, reference in this regard is made to paragraph no.7 of the counter affidavit dated 7.9.2020, which is on record.

¶10

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶11

Let applicant- Dharamvir , be released on bail in Case Crime

¶12

No.263 of 2019, under Sections- 498-A, 307, 323, 506 IPC and Section 3/4 D.P. Act, Police Station- Kurara, District- Hamirpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶13

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶14

He will not tamper with the witnesses.

¶15

He will not indulge in any illegal activities during the bail period.

¶16

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

¶17

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶18

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

¶19

Order Date :- 7.9.2020 Dev/-

Dharamvir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharamvir 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arjun Ram Vs State of U.P.

Mantosh Paswan Vs State of U.P. and Another

Ankit Vs State of U.P.

Mohit Vs State of U.P.

Narendra Vs State of U.P.

Bablesh Vs State of U.P.