Allowed

Dharmendra Alias Kedi v. State of U.P.

Allahabad HC5 Sept 2022BAIL/10006/2020

Case brief

AI extract

What is this about?

The High Court Court No. 76 allowed a bail application of an accused in a murder case under Sections 302 and 120-B IPC. The court noted the co-accused had been granted bail on similar facts, allowing bail on personal bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each subject to specific conditions.

Dharmendra Alias Kedi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10006 of 2020 Applicant :- Dharmendra Alias Kedi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case for causing the murder of the deceased Rajendra Yadav son of informant by using fire arm with the help of other coaccused persons namely Jitendra Saini and Chhotu out of which co-accused Chhotu has already been granted bail by coordinate Bench of this Court in Crl.Misc. Bail Application No. 54622 of 2019 dated 10.12.2019, the case of this applicant stands on similar footing to that of co-accused. As per version of eye witnesses namely Yogesh and Yogendra, this applicant along with co-accused persons committed the murder of the deceased. The country made pistol has been recovered from the possession of this applicant but it could not be connected to the commission of murder. Further submitted that the occurrence took place on 24.4.2019 at 8.00 P.M and F.I.R was lodged on 25.4.2019 at 1:32 0' clock. An information to the police was given that some unknown culprits had committed murder of the deceased on the basis of which police arrived on the spot which indicates that no one saw the accused person committing the murder of deceased as it was committed by unknown person. He is languishing in jail since 30.4.2019 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, co-accused has already been granted bail by co-ordinate Bench of this Court and the case of this applicant stands on similar footing 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 application is allowed.

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Let the applicant- Dharmendra Alias Kedi, involved in Case Crime No.132 of 2019, under Sections 302,120-B I.P.C, P.S.

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Sadar Bazar, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.9.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.08 10:29:34 IST Reason: Location: High Court of Judicature at Allahabad

Dharmendra Alias Kedi v. State of U.P.

Case brief

What is this about?

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Dharmendra Alias Kedi v. State of U.P.

Case brief

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What did the court decide?

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