Allowed

Dharamveer v. State of U.P.

Allahabad HC2 Dec 2021BAIL/37289/2021

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by an accused charged with murder and attempt to murder. Relying on the co-accused granted bail and the Apex Court mandate, the court held the applicant made out a strong case for bail. The applicant was released on personal bond with conditions contingent on court functioning.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond with sureties to be verified, subject to specific conditions including cooperation in trial and no interference with witn

Dharamveer Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37289 of 2021

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Applicant :- Dharamveer Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 107 of 2021, registered under Sections 147, 148, 149, 307, 302, 34 I.P.C., Police Station Shikohabad, District Frozabad during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention. In FIR, general role has been assigned to all the accused persons. Two co-accused persons, namely, Ram Autar and Awdhesh Kumar have been enlarged on bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.24871 of 2021 vide order dated 01.09.2021. The applicant having same role as of the co-accused and on the same footing the applicant is also entitled for bail. Co-accused Kesari has been assigned the role of assault by knife. There is no specific role assigned to the applicant. The applicant having no previous criminal antecedents. The applicant is languishing in jail since 21.02.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by 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, the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant, Dharamveer, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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 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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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 :- 2.12.2021 Nitin Verma

Dharamveer v. State of U.P.

Case brief

What is this about?

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Dharamveer v. State of U.P.

Case brief

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