Allowed

Dheeraj v. State of Up

Allahabad HC21 May 2021BAIL/20609/2021

Case brief

AI extract

What is this about?

In a bail application under CRIMINAL MISC. BAIL APPLICATION No. 20609 of 2021, the High Court of Judicature at Allahabad allowed the applicant's bail. The court noted jail overcrowding due to the pandemic and accepted arguments that recovery of animals lacked independent witnesses. The applicant was released on personal bond and two sureties with standard bail conditions.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the like amount, subject to specific conditions of presence and conduct.

Dheeraj Vs State of Up — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20609 of 2021

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Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- R.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri R.B. Singh, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.63 of 2021 at Police Station-Jhinjhana, District-Shamli on 06.02.2021 under Sections 394, 411, 429 IPC.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Kairana, District-Shamli on 05.04.2021.

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The applicant is in jail since 06.02.2021, pursuant to the said F.I.R.

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Sri R.B. Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The allegation against the applicant is that the recovery of 213 sheep and two donkeys has been made from the possession of the applicant. There are no independent witnesses of the said recovery. The applicant has satisfactorily explained his criminal history. Lastly it is submitted by Sri R.B. Singh, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal

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law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020 , Contagion of COVID 19 Virus in prisons before the Supreme Court of India ). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri R.B. Singh, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Dheeraj be released on bail in Case Crime No.63 of 2021 at Police Station-Jhinjhana, District-Shamli registered on 06.02.2021 under Sections 394, 411, 429 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or

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personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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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(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of

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the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 21.5.2021 Ashish Tripathi

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Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 17:43:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Dheeraj v. State of Up

Case brief

What is this about?

What did the court decide?

Dheeraj v. State of Up

Case brief

What is this about?

What did the court decide?

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