Allowed

Dharmendra v. State of U.P.

Allahabad HC19 Jul 2022BAIL/16275/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal case for animal cruelty. Relying on allegations of false implication, an uncorroborated recovery of the poisonous substance, and unreasonable delay in lodging the FIR, the judge allowed the bail application without adjudicating on the merits of the case.

What did the court decide?

The applicant is to be released on bail on furnishing a personal bond and two sureties each, subject to standard conditions of not tampering with evidence or influencing witnesses and appearing before

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16275 of 2022

¶3

Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Heard Sri Shravan Kumar Dubey, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

¶6

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 877 of 2021, under Sections 429 IPC and Section 3/8 Prevention of Cow Slaughter Act and Section 3/11 Animal Cruelty Act, Police Station Surajpur, District Gautam Budh Nagar during pendency of the trial in the Court below.

¶7

The aforesaid case has been registered on the basis of a first information report dated 29.10.2021 lodged by the informant alleging that he had employed the applicant for taking care of his 30 cows, 26 heifer calves and two bull calves; that he had terminated the services of the applicant about one month ago and that on 22.10.2021, the applicant gave some poisonous substance to the animals because of which 28 cows and 26 heifer calves died within a span of two to three days. The postmortem examination report dated 24.10.2021 mentions Asphyxia as the cause of death of the animals, which might have been caused by some poisonous elements.

¶8

It has been stated that the applicant was arrested on 22.10.2021 and on his pointing out an empty bottle of Dichlorvos 76% Ecnuvan Insecticide was recovered.

¶9

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case; that the entire case is planted and no recovery has been made from the applicant and further that there is no independent of the alleged recovery.

¶10

The learned counsel for he applicant has submitted that the FIR

¶11

of the incident alleged to have taken place on 22.10.2021 has been lodged on 29.10.2021 after an unreasonable delay, more particularly when the animals are said to have died within the span of two to three days and the postmortem report was prepared as far back as on 24.10.2021 and there is no explanation for the delay in lodging the FIR.

¶12

The applicant is languishing in jail since 29.10.2021.

¶13

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

¶14

Having given a thoughtful consideration to the aforesaid facts and submissions, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

¶15

In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

¶16

Let the applicant Dharmendra be released on bail in Case Crime No. 877 of 2021, under Sections 429 IPC and Section 3/8 Prevention of Cow Slaughter Act and Section 3/11 Animal Cruelty Act, Police Station Surajpur, District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶17

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

¶18

(ii) The applicant will not influence any witness.

¶19

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

¶20

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

¶21

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

¶22

Order Date :- 19.7.2022 Ashish Pd.

¶23

Digitally signed by ASHISH PRASAD Date: 2022.07.22 19:15:41 IST Reason: Location: High Court of Judicature at Allahabad

Dharmendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saleem Qureshi Vs State of U.P.

Harsha @ Hariom Vs State of U.P.

Aditya Khatri Vs State of U.P.

Shanu @ Abhinav Upadhyay Vs State of U.P.

Lal Babu Vs State of U.P.

Sabroj Ahmad Vs State of U.P.