Allowed

Jhamman Singh @ Dharmendra Singh v. State of U.P Thru. Prin. Secy. Home Lucknow

Allahabad HC18 Jan 2022/385/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of the applicant in a crimes involving sections 143, 147, 148, 149 IPC. The court was prima facie satisfied due to general allegations and lack of specific role attributed to the applicant, imposing standard bail conditions.

What did the court decide?

Prima facie satisfied for bail; applicant to be released on personal bond and two sureties subject to conditions.

Jhamman Singh @ Dharmendra Singh Vs State of U.P Thru… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 385 of 2022

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Applicant :- Jhamman Singh @ Dharmendra Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Sukhveer Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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Learned counsel for the applicant submits that in the first information report, eight persons have been named and several unnamed persons as accused. General allegation has been levelled against all the accused persons. There is no independent witness to the incident. The injured Jagdish Chandra in his statement has assigned general role of assault upon him, including assault on his head and hand. No specific role has been attributed to the applicant.

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It is submitted that prior to this incident, an FIR No.0285 of 2017 (Annexure-11) was lodged against the injured Jagdish by applicant side. It is submitted that due to this enmity, the applicant has been falsely implicated. It is not clear from the prosecution version as to who has caused injury on the injured Jagdish on his head and hand. The applicant has explained the criminal history in para 19 of the bail application. The applicant is in jail since 29.9.2021.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, general role of assault has been levelled on several accused persons, injured Jagdish has attributed no specific role against the present applicant; rather general role has been levelled against all the accused persons, arguments advanced by learned counsel for the parties, the applicant is in jail since 29.9.2021, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on

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bail and accordingly, the bail application is allowed.

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Let the applicant Jhamman Singh alias Dharmendra Singh, involved in Case Crime No.0401/2021 under sections 143, 147, 148, 149, 452, 323, 504, 325, 554-B, 308 I.P.C., P.S. Ganga Ghat, district Unnao, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and 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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Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.

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Order Date :- 18.1.2022 kkb/

Jhamman Singh @ Dharmendra Singh v. State of U.P Thru. Prin. Secy. Home Lucknow

Case brief

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What did the court decide?

Jhamman Singh @ Dharmendra Singh v. State of U.P Thru. Prin. Secy. Home Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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