Allowed

Dhananjay Singh v. State of U.P.

Allahabad HC24 Mar 2022BAIL/6716/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 439 CrPC, the High Court allowed the bail of the accused applicant in a case under Sections 380 and 411 IPC. The court observed that a co-accused had been granted bail by a coordinate bench and the applicant had not been identified, finding a case for bail without expressing a final opinion on the merits of the guilt.

What did the court decide?

Granted bail on personal bond with two sureties subject to conditions of not tampering with evidence, cooperating in trial, and refraining from criminal activity.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6716 of 2022

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Applicant :- Dhananjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Shashank Tripathi, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Dhananjay Singh for grant of bail, in Case Crime No. 194/2021, under Section 380/411 IPC, Police Station G.R.P., District Knpur Nagar, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution.

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It is further submitted that the applicant was not named in the FIR as the FIR was lodged against two unknown persons and while the incident was on 14th August, 2021 the FIR of the same could only be lodged on 26.8.2021 and it was on 29.9.2021 the applicant along with other accused persons including another co-accused of the crime, namely, Dhirendra Kumar Saini is shown to have been arrested and from the possession of the applicant Rs. 1100/- and from the possession of co-accused Dhirendra Kumar Saini Rs. 800/- is shown to have been recovered.

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Highlighting the above factual matrix it is vehemently submitted that the applicant neither has been put to any test identification parade nor he has been identified by the informant by any other mode, therefore, the complicity of the applicant in the instant crime is highly doubtful. Moreover identically placed co-accused, namely, Dhirendra Kumar Saini has been granted bail by a Coordinate Bench of this Court, vide order dated 7.1.2022 passed in Criminal Misc. Bail Application No. 50805 of 2021. The applicant is not having any criminal history and he is detained in prison since 30.8.2021. Charge sheet has already been filed and there is no apprehension that the accused-applicant after release on bail, may flee from the

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process of law or may otherwise misuse the liberty.

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Learned A.G.A., on the other hand submits that the applicant is accused of heinous offence and therefore, he is not entitled to be released on bail, however, he could not confront the submissions made by learned counsel for the applicant with regard to the fact that the applicant has not been duly identified and identically placed co-accused person has been granted bail by a Coordinate Bench of this Court and applicant is also not having any criminal history.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

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Let the applicant- Dhananjay Singh involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 24.3.2022 Muk

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Digitally signed by MOHD UMAR KHAN Date: 2022.03.24 17:53:32 IST Reason: Location: High Court of Judicature at Allahabad

Dhananjay Singh v. State of U.P.

Case brief

What is this about?

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Dhananjay Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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