Allowed

Dinesh Kumar v. State of U.P.

Allahabad HC24 Jul 2023BAIL/53952/2022

Case brief

AI extract

What is this about?

This High Court allowed the bail application of Dinesh Kumar, who is accused of murder under Sections 302 and 201 IPC. The court noted he has been in jail since 2018 and trial witnesses have declared themselves hostile, sustaining综上 no prima facie case against him. Bail was granted on bond and sureties with strict conditions to prevent tampering with evidence and intimidation.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy local sureties on conditions as specified in the order.

Dinesh Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146550

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53952 of 2022

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Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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This is the second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No. 46655 of 2018 has been rejected by Hon'ble Mr. Justice Samit Gopal vide order dated 08.07.2020.

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Vide order dated 27.04.2022 passed by Hon'ble The Chief Justice, bail applications which are filed subsequent to such bail applications, which were decided two years before shall be listed as per the roster before regular Court dealing with the matter. Accordingly the instant bail application is before this Court.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statements of P.W.1, P.W. 2 were recorded and they were declared hostile by the learned trial Court, copy of the statements of are annexed as Annexure-3 to the affidavit. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to

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the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 26.07.2018, having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Dinesh Kumar involved in Case Crime No.1015 of 2018 under Sections 302, 201 I.P.C., Police Station Kwarsi, District Aligarh, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date

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fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 24.7.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Dinesh Kumar v. State of U.P.

Case brief

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Dinesh Kumar v. State of U.P.

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