Allowed

Dheeru @ Dheeraj Tomar v. State of U.P.

Allahabad HC27 Jan 2023BAIL/57751/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by an applicant in a criminal trial under sections pertaining to affray, attempt to murder, and criminal intimidation. Relying on parity with co-accused already granted bail, the Court released him on personal bond and two sureties.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each in like amount.

Dheeru @ Dheeraj Tomar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57751 of 2022

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Applicant :- Dheeru @ Dheeraj Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Shravan Kumar Singh

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Hon'ble Deepak Verma,J.

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Counter affidavit, filed today, is taken on record.

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Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.51 of 2021, under Sections 147, 148, 149, 307, 352, 504, 506, 325 I.P.C., Police Station Mundali, District Meerut, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to old enmity. Five persons including the applicant are named in the F.I.R. for assaulting the injured and out of five accused persons, three accused, namely, Sanju Tomar, Rakesh Tomar and Umang Rana have been granted bail by Co-ordinate Bench of this Court vide orders dated 17.08.2021, 10.05.2021 and 27.05.2021 passed in Crl. Misc. Bail Applications No.16465 of 2021, 8928 of 2021 and 21550 of 2021, respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. General role has been assigned to all the accused persons. The applicant has one case of criminal history He is languishing in jail since 17.11.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA and counsel for the informant opposed the prayer for bail but could not dispute the parity with other co-accused.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and

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the fact that the case of the applicant is similar to that of coaccused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Dheeru @ Dheeraj Tomar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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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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Order Date :- 27.1.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Dheeru @ Dheeraj Tomar v. State of U.P.

Case brief

What is this about?

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Dheeru @ Dheeraj Tomar v. State of U.P.

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