In a bail application under various IPC sections, the High Court allowed the release of the applicant on bail, noting parity with a co-accused's earlier bail grant, subject to standard conditions.
Applicant Dharmendra is released on bail on executing a personal bond and furnishing two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52776 of 2022
Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Learned counsel for the applicant has produced before the Court a copy of the bail order dated 17.11.2022 of co-accused, Lalchandra, passed by another co-ordinate bench of this Court in Criminal Misc. Bail Application No. 51574 of 2022. It is taken on record.
This is an application for bail on behalf of the applicant Dharmendra in connection with Case Crime No. 336 of 2022, under Sections 323,308,313,325,34,504,506 I.P.C., Police Station Jahanaganj, District Azamgarh.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
As per prosecution case on 09.08.2022, on account of property dispute, applicant along with other co-accused persons started hurling abuses upon the informant, and, on being forbidden, they started beating the informant. When, informant’s brother, Bhabhi (sister-in-law) and sister came in his rescue, the applicant along with other co-accused persons assaulted them also. They have been inflicted severe injuries on their person.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant has been implicated in the present crime on account of a property dispute. It is also submitted that there is a cross version regarding the incident and FIR, on the applicant’s side, was
registered by one Ravindra. In the cross case, person from the applicant’s side have also sustained injuries. It is submitted that injured Sarita has specifically mentioned in her statement that co-accused Virendra has pulled her leg and slammed her due to which her four months foetus was aborted. It averred that the applicant has no criminal antecedents to his credit. It is stated that co-accused Lalchandra, similarly circumstanced as the applicant, has already been enlarged on bail by another coordinate bench of this Court vide order dated 17.11.2022 passed in Criminal Misc. Bail Application No. 51574 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is languishing in jail since 25.08.2022 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail but could not deny the averments made by the accused-applicant.
Considering the submissions advanced by the learned counsel for the parties, the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Lalchandra, has already been enlarged on bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed .
Let the applicant Dharmendra involved in the aforementioned case be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 22.11.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.11.23 16:53:23 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given that a similarly situated co-accused has already been granted bail.
Whether the applicant would misuse the liberty of bail granted.
Whether cross-verification of the incident supports the granting of bail.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 51574 of 2022Referred¶10
1 provisions across 1 enactments
Dharmendra
State of U.P.
Surendra Singh
Brijesh Maurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Surendra Singh and Brijesh Maurya
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