Allowed

Dharmendra v. State of U.P. and 3 Others

Allahabad HC6 Jul 2023BAIL/58472/2022

Case brief

AI extract

What is this about?

In a bail application, the Allahabad High Court allowed the release of the applicant on bail, noting his surrender after failure to appear during the pandemic, subject to standard conditions and undertakings, without opining on case merits.

What did the court decide?

Applicant allowed bail on personal bond and two sureties with conditions to appear regularly and not tamper with evidence.

Dharmendra Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:133613

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58472 of 2022

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Applicant :- Dharmendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Jain,Prabhakar Pal,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.,Seema Pandey

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Hon'ble Sameer Jain,J.

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As per office report dated 21.4.2023 notice has been served to the informant of the case personally.

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Despite service of notice, none appeared on behalf of the informant. Although, Ms. Seema Pandey, learned counsel for the High Court Legal Services Committee and the learned AGA, for the State, are present.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Ms. Seema Pandey, learend counsel for the High Court Legal Services Committee and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.669 of 2017, under Sections 364,376D, 323, 504, 328, 344 and 370 IPC and Section 3/4 POCSO Act, Police Station Dakshin, District Firozabad during pendency of the trial.

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Learned counsel for the applicant submits that initially applicant was released on bail in the instant matter by this Court vide order dated 1.2.2018 passed in Criminal Misc.Bail Application No. 3761 of 2018 and thereafter he regularly attended the court till 4.8.2021 but from 24.8.2021 he could not

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attend the court due to Covid period and he surrendered before the trial court on 14.11.2022. He further submits that applicant never mis-used the liberty of bail granted to him and only in compelling circumstances, he could not appear before the trial court.

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He further submits that applicant is ready to give an undertaking that in future he will regularly attend the court and fully cooperate with the trial.

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He further submits that applicant in the present matter is in jail since 14.11.2022, i.e., for the last about more than 7 months.

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Per contra, learned AGA as well as learned counsel for the High Court Legal Services Committee although opposed the prayer for bail but could not dispute the fact that earlier in the present matter applicant was released on bail by this Court and due to his non-appearance NBW was issued and he himself surrendered before the trial court on 14.11.2022 and since then he is in jail.

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I have heard learned counsel for the parties and perused the record of the case.

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Although from the record it reflects that applicant remained absent from 24.8.2021 to 14.11.2022 but as per learned counsel for the applicant only due to Covid-19 Pandemic he could not appear before the trial court and he is not an absconder and he has also given an undertaking that in future he will regularly attend the trial court either in person or through his counsel on each and every date and will fully cooperate with the trial and he surrendered before the trial court on 14.11.2022 and since then he is in jail.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Dharmendra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 6.7.2023

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SKM

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

Dharmendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dharmendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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