Allowed

Dhanpal v. State of U.P.

Allahabad HC8 Dec 2022BAIL/16125/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Dhanpal in a case registered under IPC Sections 308, 342, and 506. The Court observed that co-accused had been granted bail and the applicant had no previous criminal history, concluding that he made out a case for bail.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each, subject to verified conditions.

Dhanpal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16125 of 2022

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Applicant :- Dhanpal Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Bhaskar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Vidya Bhaskar Singh, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 17 of 2020, registered under Sections 308, 342, 506 I.P.C., Police Station Kalan, District Shahjahanpur during pendency of the trial.

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Allegation in the FIR is that informant's brother was brutally assaulted by named accused persons.

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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 ulterior motive. Applicant has no concern with the alleged incident and general role has been attributed to all the accused persons. He further submitted that co-accused, namely, Valister and Dharmpal have been granted bail by co-ordinate Bench of this Court vide order dated 23.02.2022 and 10.03.2022, respectively, hence, the applicant is also entitled for bail on the ground of same footing. Applicant has no previous criminal history. The applicant is languishing in jail since 12.01.2022. 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Dhanpal, who is involved in the aforesaid

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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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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 :- 8.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.08 16:26:12 IST Reason: Location: High Court of Judicature at Allahabad

Dhanpal v. State of U.P.

Case brief

What is this about?

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Dhanpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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