Allowed

Dharmpal v. State of U.P.

Allahabad HC2 May 2023BAIL/41963/2022

Case brief

AI extract

What is this about?

The court allowed bail to Dharmpal in a criminal matter involving grievous hurt and murder charges. The incident arose from a dispute over a love affair involving a minor, where villagers participated in the assault. The court found the incident to be a spur-of-the-moment act and accepted the applicant's prima facie case for bail.

What did the court decide?

Release of applicant on bail by personal bond and two sureties on strict conditions regarding court attendance and non-interference.

Dharmpal Vs State of U.P. — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41963 of 2022

¶3

Applicant :- Dharmpal Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pal,Rahul Misra Counsel for Opposite Party :- G.A.,Sujan Singh

¶4

Hon'ble Sanjay Kumar Singh,J.

¶5

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Sujan Singh, learned counsel appearing on behalf of the first informant.

¶6

The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 307 of 2022, under Sections 147, 148, 149, 323, 302, 307, 342, 506 I.P.C., Police StationDevband, District-Saharanpur, during the pendency of trial.

¶7

Succinctly, the facts of the case are that two persons namely Anuj s/o Kuldeep and Mantu s/o Laxman Singh Rana have received injuries but after the seven days of the incident, injured Anuj died during treatment. The complainants are father of both the injured persons who jointly lodged F.I.R. on 20.05.2022 against Dharampal (present applicant), Ravindra, Manoj, Tirathpal, Tejpal, Bittu and Nitin alleging inter-alia that on 20.05.2022, Anuj and Mantu were going to Devband but on the way, they were caught hold by the aforesaid accused persons and badly between them with sharp weapon and sticks. F.I.R. further alleges that an unknown person informed the police so police reached at the spot and saved them. Both the injured persons were taken to the Government Hospital, Devband.

¶8

It is argued by learned counsel for the applicant that as per initial medical examination of Anuj and Mantu, they have received three injuries and six injuries respectively which were simple in nature but after seven days of the incident, Anuj died. Thereafter inquest proceedings of the dead body of Anuj was conducted on 27.05.2022, in which six injuries were found on his body but later on when

¶9

post-mortem of dead body of Anuj was conducted, 53 injuries were noted on his body. So far as injured Mantu is concerned, it is submitted that he is alive and is perfectly healthy. During investigation, statement under Section 161 Cr.P.C. of injured Mantu was recorded in which he has disclosed inter-alia that when they were going to Devband, on the way Anuj said, let's go village Talheri Khurd. My girlfriend Sunita lives there, can meet her. On repeated insistence of Anuj, he along with Anuj went to village Talheri Khurd to meet Sunita but as soon as they entered in the village, the family members of Sunita caught hold them and took them to a farm where by tiding them with an eucalyptus tree badly beaten. In the meantime Nitin also reached there and he also beaten Anuj. After that all the villagers of village Talheri Khurd have also beaten them. Referring the above statement of the injured Mantu, it is also argued that in fact Sunita is a minor girl and she is nephew of applicant-Dharampal. The deceased Anuj used to tease her, therefore when Anuj along with Mantu went to village Talheri Khurd with bad intention to meet Sunita, both were caught and beaten by the villagers. It is also submitted that from the side of applicant, efforts were made to lodge an F.I.R. but despite approaching to the concerned Police Station as well as giving an application dated 24.05.2022 to Senior Superintendent of Police, Saharanpur, no F.I.R. was lodged. Thereafter mother of Sunita namely Smt. Angoori (bhabhi of present applicant) moved an application under Section 156(3) Cr.P.C. against Anuj, Aadesh, Deepak, Vikas and Mantu seeking direction to lodge an F.I.R. against them but the said application is still pending before the concerned court below for its consideration. It is also pointed out by the learned counsel for the applicant that the informant is not an eye-witness of the incident. Incident did not take place in preplanned manner. Injured Mantu has attributed general role of assault to all the villagers. Applicant has no criminal history to his credit and is languishing in jail since 21.05.2022.

¶10

Per-contra learned A.G.A. as well as learned counsel appearing on behalf of the informant opposed the prayer for bail of the applicant by

¶11

contending that apart from the villagers, the accused persons badly beaten Anuj and Mantu and caused number of injuries to them, due to which Anuj succumbed to injuries after seven days but they do not dispute the statement under Section 161 Cr.P.C. of injurd Mantu, as noted above.

¶12

Having heard learned counsel for the parties and examined the matter in its entirety, I find that the incident took place over a love affair between Sunita and Anuj. Learned counsel for the complainant does not dispute about the fact that Anuj had an affair with Sunita who is niece of the applicant. It is also not disputed that Anuj and Mantu are the resident of different village and the incident happened in spur of moment in the village of the applicant when Anuj and Mantu came to the village of the applicant to meet Sunita. The statement of injured in this regard cannot be disbelieved at this stage. In the light of statement of injured Mantu, as noted above, I find that the villagers have also beaten Anuj and Mantu on their obscene acts but in the F.I.R., only family members of Sunita have been made accused. It is a natural instinct of human nature that if someone teases a minor girl, then the local people and girl's family members will certainly object that act. Even today people in the villages are not so broad minded that they may ignore such bad things. Under the facts and circumstances of the case, applicant has made out a prima-facie case for bail. Hence, the bail application is hereby allowed .

¶13

Let the applicant- Dharmpal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶14

(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

¶15

(ii) That 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 him from disclosing such

¶16

facts to the court or to any police ofÏcer or tamper with the evidence.

¶17

(iii) That after his release, the applicant shall not involve in any criminal activity.

¶18

(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

¶19

In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

¶20

Order Date :- 2.5.2023 Saurabh

¶21

Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

Dharmpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sangam Lal Bind Vs State of U.P.

Patil Vs State of U.P. and 3 Others

Devendra Singh Alias Bittu Vs State of U.P.

Sahaj Gupta Vs State of U.P.

Karan Peter Masih Vs State of Uttar Pradesh through Secretary Home

Chhatrapal Vs State of U.P.