Allowed

Gyanendra Dhaka v. State of U.P

Allahabad HC7 Dec 2021BAIL/14692/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed during trial under Section 439 CrPC. The applicant was accused of firing causing no injuries. The court held that despite the accused's criminal history, a case for bail is made out.

What did the court decide?

Application allowed. Applicant released on personal bond and two sureties with conditions against tampering with evidence or witnesses, cooperation with trial, and refraining from criminal activities.

Gyanendra Dhaka Vs State of U.P — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14692 of 2021

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Applicant :- Gyanendra Dhaka Opposite Party :- State Of U.P Counsel for Applicant :- Shams Uz Zaman,Ishank Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 15 of 2021, under Section 323, 504, 307 of I.P.C. registered at P.S.Chandi Nagar, District- Baghpat.

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Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. There is no independent witness in the present case. The allegations levelled against the applicant are fully false and baseless and case under aforementioned Sections is not made out against him. It is a no injury case as in the alleged incident of firing nobody sustained injury. The applicant is languishing in jail since 22.01.2021.

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Per contra, learned A.G.A. opposed the prayer for bail and contended that the applicant has criminal history of 20 cases including this case, however, conceded the fact that in the alleged incident of firing nobody sustained injuries.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that in the alleged incident of firing none sustained injury, without expressing any opinion on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant Gyanendra Dhaka involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in 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 evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 7.12.2021 VPS

Gyanendra Dhaka v. State of U.P

Case brief

What is this about?

What did the court decide?

Gyanendra Dhaka v. State of U.P

Case brief

What is this about?

What did the court decide?

What the court decided

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