In Criminal Misc. Bail Application No. 35417 of 2022, the Allahabad High Court, while permitting the applicant, Dheeraj, to be released on bail in a Section 376 IPC case, refused to decide the merits but concluded the applicant had made out a case.
Applicant released on bail with personal bond and two sureties subject to specified conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35417 of 2022
Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Complaint Case No. 1182 of 2020, under Sections 376, 452, 504, 506 of I.P.C., P.S. Sayana, District Bulandshahar , during pendency of the trial.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. He further argues that age of the victim is 35 years. He further submits that the incident took place on 17.10.2015. However the complaint under Section 156 (3) Cr.P.C. was filed before the concerned Court on 03.11.2015. As per application 156 (3) Cr.P.C. as well as statement of the witnesses and victim, no specific allegation has been levelled against the applicant. He further submits that during the investigation, police found that no such type of incident has been taken place. There is dispute in regard to the money between the parties in which compromise has already taken place. There is no criminal history of the applicant. The applicant is languishing in jail since 06.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Dheeraj , who is involved in the aforesaid
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.11.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.11.19 16:13:39 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail.
Whether the applicant has been falsely implicated in the case after compromise was reached.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Dheeraj
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shekhar Kumar Yadav
Parties & counsel
