Allowed

Dilip Kumar Baruar v. State of U.P.

Allahabad HC11 Jul 2022BAIL/19990/2022

Case brief

AI extract

What is this about?

The single judge allowed bail for the applicant in a theft case involving loss of Rs.3 lac, finding it a fit case due to evidence status, application provisions, and the grant of bail to a co-accused, subject to a personal bond and two sureties.

What did the court decide?

Release on bail via personal bond and two sureties with conditions against tampering, threat, and future offences.

Dilip Kumar Baruar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19990 of 2022

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Applicant :- Dilip Kumar Baruar Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Dilip Kumar Baruar in connection with Case Crime No.539 of 2021, under Sections 379, 411 I.P.C., Police Station Kotwali Hata, district Kushi Nagar.

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The first information report of this incident was lodged by the informant against one unknown person about the loot of Rs.3 lac on 13.12.2021. It was also alleged in the first information report that two persons came on motor-cycle and taken out Rs.3 lacs from the diggi of the motor-cycle and ran away from the spot.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Anantram @ Antoo has been admitted to the concession of bail by another Bench of this Court by order dated 07.06.2022 passed in Criminal Misc. Bail Application No.19959 of 2022, copy whereof provided by learned counsel for the applicant has been perused by the Court and is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 20.12.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Dileep Kumar Baruar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 11.7.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.11 17:16:38 IST Reason: Location: High Court of Judicature at Allahabad

Dilip Kumar Baruar v. State of U.P.

Case brief

What is this about?

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Dilip Kumar Baruar v. State of U.P.

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