Criminal Misc. Bail Application appealed by Dharmendra @ Sonu against refusal of bail. Court allowed bail on grounds of parity with a co-accused, pending trial on IPC charges.
Release granted on bail in a personal bond with two sureties with specific conditions regarding tampering, attendance, and filing of undertakings.
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Neutral Citation No. - 2024:AHC-LKO:64783
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9946 of 2024
Applicant :- Dharmendra @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant Dharmendra @ Sonu seeking bail in Case Crime No.260 of 2024, under Section 379, 411, 419, 420, 467, 468, 471 I.P.C. Police Station Kotwali Nanpara, District Bahraich. Learned counsel for the applicant submits that co-accused Sanjay Kumar, who was assigned similar role, has been granted bail by this Court vide order dated 23.08.2024 passed in Criminal Misc. Bail Application No.9046 of 2024. The applicant seeks parity with the bail order of Sanjay Kumar (supra). He submits that applicant is languishing in jail since 21.05.2024. The applicant has explained the criminal history of three cases in paragraph 14 of the bail application. Charge-sheet has been filed.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the fact that its a case of parity.
On due consideration to the fact that the applicant is languishing in jail since 21.05.2024, he has explained the criminal history as also the fact that the applicant seeks parity with the bail order of Sanjay Kumar(supra) and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed on the grounds of parity.
Let the applicant Dharmendra @ Sonu be released on bail in aforesaid case
crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 19.9.2024 Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail can be granted to the applicant on grounds of parity with a co-accused who has already been granted bail.
3 provisions across 2 enactments
Dharmendra @ Sonu
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
