Allowed

Dharampal v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Allahabad HC23 Feb 2024/411/2024

Case brief

AI extract

What is this about?

Regular bail application for offences under IPC sections including rioting and assault in FIR No. 499/2023, Salon police station, Raebareli. Court allowed bail on parity with co-accused already released, citing no criminal history and custody since September 2023, subject to standard conditions.

What did the court decide?

Applicant Dharampal to be released on bail in FIR/Case Crime No.499 of 2023 upon furnishing personal bonds and two sureties of Rs.20,000/- each, subject to stated conditions.

Dharampal Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16521

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 411 of 2024

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Applicant :- Dharampal Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A.,Shishir Pradhan

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Vaibhav Sangam Mishra, Advocate holding brief of Shri Shishir Pradhan, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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2. Counter afÏdavit filed on behalf of the respondent State is taken on record.

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Learned counsel for the applicant has argued that similar allegations were levelled against the applicant as well as co accused Ravi and Kishunpal, who have been enlarged on bail vide orders dated 2.2.2024 and 25.1.2024 passed by this Court. The applicant having no criminal history and is in custody since 28.9.2023, hence the applicant may also be enlarged on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering the reasonings recorded in the bail order of the co accused coupled with the fact that the allegations against the applicant are similar to the co accused who have been granted bail by this Court and the applicant having no criminal history and languishing in jail since 28.9.2023, is entitled to be released on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant Dharampal be released on bail in FIR/ Case Crime No.499 of 2023, under Sections 147, 148, 149, 324, 504, 506, 304 I.P.C., Police Station Salon, District Raebareli on his

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furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 facts to the Court or to any police ofÏcer or tamper with the evidence.

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Order Date :- 23.2.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Dharampal v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

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Dharampal v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

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