Allowed

Dharmendra Pramadik v. State of U.P.

Allahabad HC8 Aug 2023BAIL/4018/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under Section 439 Cr.P.C. Granting relief since the applicant had been confined for nearly fourteen months, the charge-sheet was submitted, and early trial conclusion seemed unlikely with no specific apprehension of witness tampering.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding court appearance and non-interference with evidence or witnesses.

Dharmendra Pramadik Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159482

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4018 of 2023

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Applicant :- Dharmendra Pramadik Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A.,Ajit Kumar,Dhirendra Kumar Verma

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Hon'ble Vivek Varma,J.

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Case called out. Learned counsel for the informant is not present.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 68 of 2022, under Sections 381, 408, 417, 418, 420, 411 I.P.C., Police Station Purani Basti, District Basti during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of four earrings of yellow metal has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered mobile phone, A.T.M. card and Rs.824/- belong to the applicant. The Investigating Officer has not collected any video clip of the alleged incident. Further, the counter affidavit filed by the State also does not disclose that a video clip was found. It is next contended that co-accused Shivnath Dhara, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 8062 of 2023, Shivnath Dhara v. State of U.P., vide order dated 13.03.2023. The applicant claims parity. The applicant is in jail since 26.05.2022 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that

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the applicant has remained confined for almost fourteen months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Dharmendra Pramadik, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 8.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Dharmendra Pramadik v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmendra Pramadik v. State of U.P.

Case brief

What is this about?

What did the court decide?

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