Allowed

Dharmpal v. State of U.P.

Allahabad HC25 May 2022BAIL/21154/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, through Justice Siddhartha Varma, granted a bail application moved by Dharmpal in a murder and related offenses case. The court allowed bail on a personal bond and sureties subject to specific conditions regarding court attendance and conduct during the trial proceedings.

What did the court decide?

The applicant was released on bail on a personal bond and two sureties subject to conditions regarding attendance and conduct during trial proceedings.

Dharmpal Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21154 of 2022

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Applicant :- Dharmpal Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Dubey,Anand Prakash Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant-Dharmpal, who is involved in Case Crime No.9 of 2022, under Sections 302, 201, 120-B and 34 of I.P.C., Police Station - Bhaura Kala, District- Muzaffar Nagar.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant was not named in the First Information Report and only on the confessional statement of one Brahmpal, he has been implicated. It is also stated that the applicant was living separately from the family and was 74 years of age and there was absolutely no evidence of the fact that he was in any manner responsible for the death of the deceased. It is also stated that the co-accused Rajendra has been released on bail vide order dated 18.5.2022 passed in Criminal Misc. Bail Application No.16254 of 2022. It is further submitted that the charge-sheet has been submitted in the case and no further investigation is required by the police. It is further submitted that the applicant has no other criminal history

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and is in jail since 3.3.2022 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history. He also could not have denied that the charge sheet had been submitted and that the co-accused has been released on bail.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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The bail application is, accordingly, allowed.

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Let the applicant-Dharmpal be released on bail in Case Crime No.9 of 2022, under Sections 302, 201, 120-B and 34 of I.P.C., Police Station - Bhaura Kala, DistrictMuzaffar Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) 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 the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the

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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 Panel Code.

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(iii) 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 on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 25.5.2022 GS

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(Siddhartha Varma, J.)

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Digitally signed by GAUTAM SONI Date: 2022.05.25 18:32:25 IST Reason: Location: High Court of Judicature at Allahabad

Dharmpal v. State of U.P.

Case brief

What is this about?

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Dharmpal v. State of U.P.

Case brief

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