In a bail application under CrPC, the High Court allowed the applicant's prayer to be released on bail in a criminal case involving sections 395, 397, 353, 332, 412 IPC, noting that the trial court had previously rejected the prayer on 16.12.2022.
The applicant was released on bail on furnishing a personal bond and two sureties.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 494 of 2023
Applicant :- Dhirendra Opposite Party :- State of U.P. Counsel for Applicant :- Achyuta Nand Pandey,Anand Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.108 of 2005 at Police Station-Chandaus, District-Aligarh under Sections 395, 397, 353, 332, 412 I.P.C. The applicant is in jail since 15.11.2022.
The bail application of the applicant was rejected by the learned trial court on 16.12.2022.
The following arguments made by Shri Achyuta Nand Pandey, learned counsel assisted by Shri Anand Prakash Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1). The incident relates to the year 2015.
(2). The applicant was nominated on account of political rivalry.
(3). The applicant did not indulge in any violent acts.
(4). No incriminating article has been recovered from
the applicant which can be linked with the offence.
(5). Prosecution evidence does not connect the applicant with the offence.
(6). The applicant has explained his criminal history. Learned AGA contends that the applicant has a criminal history of some more cases. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail. He is financially destitute and does not have an effective pairokar. Hence details of the cases could not be searched out and stated in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant was falsely framed in the said cases. The said cases do not have any bearing on the instant case.
(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Dhirendra 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 below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 19.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the pending criminal trial.
Whether the applicant's criminal history and financial status affect the grant of bail.
Dhirendra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
