Allowed¶11

Dharmendra and 2 Others v. State of U.P.

Allahabad HC17 Jan 2025BAIL/522/2025

Case brief

AI extract

What is this about?

Bail allowed; High Court of Judicature at Allahabad; CRIMINAL MISC. BAIL APPLICATION No. 522 of 2025; Neutral Citation 2025:AHC:8158; Deepak Verma, J.; applicants Dharmendra, Kaptan, Govind; opposite party State of U.P.; Case Crime No. 199 of 2024; Section 109(1) B.N.S.; Sections 3/25/27 Arms Act; Police Station Jahanganj, District Farrukhabad; allegation of firing on police party; custody since 09.10.2024; bail in five other cases by trial court; release on personal bond and two sureties; bail conditions and cancellation clause; decided 17.1.2025.

What did the court decide?

Bail granted to applicants Dharmendra, Kaptan and Govind on furnishing a personal bond and two sureties each in the like amount, subject to the stated conditions; sureties to be verified before issuance of the release order. ¶11

Dharmendra and 2 Others vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants (Dharmendra and two others) should be released on bail in Case Crime No. 199 of 2024, registered under Section 109(1) B.N.S. & 3/25/27 Arms Act, Police Station Jahanganj, District Farrukhabad, during pendency of the trial.

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Court's answer

Considering the material available on record, the nature of the offence, the arguments advanced and the evidence regarding complicity of the accused, and without expressing any opinion on the merits, the applicants have made out a case for bail and the bail application is allowed.

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Ratio / Principle

Applicants Dharmendra, Kaptan and Govind to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournments; no criminal activity after release); sureties to be verified before the release order; breach of any condition shall be a ground for cancellation of bail.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.; Neutral Citation 2025:AHC:8158; Order Date 17.1.2025) allowed Criminal Misc. Bail Application No. 522 of 2025 filed by Dharmendra and two others (named in the operative order as Dharmendra, Kaptan and Govind) seeking bail in Case Crime No. 199 of 2024, registered under Section 109(1) B.N.S. & 3/25/27 Arms Act, Police Station Jahanganj, District Farrukhabad, during pendency of trial. The applicants were in custody since 09.10.2024; counsel pleaded false implication, absence of incriminating recovery, falsity of the firing-on-police allegation, and bail already granted by the trial court in five other cases. Without expressing any opinion on merits, the Court held that the applicants had made out a case for bail and directed their release on a personal bond with two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or pressurizing witnesses, sincere cooperation in trial without adjournments, no criminal activity after release), with breach of conditions to be a ground for cancellation of bail and verification of sureties before the release order.

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Neutral Citation No. - 2025:AHC:8158

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 522 of 2025

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Applicant :- Dharmendra And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.199 of 2024, registered under Section 109(1) B.N.S. & 3/25/27 Arms Act, Police Station Jahanganj, District Farrukhabad during pendency of the trial.

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Learned counsel for the applicant submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Nothing incriminating article recovered from the possession of the applicants. Allegation of firing on police party is false and baseless and after arrest applicants have been implicated in five other cases in which they have been granted bail by trial court. The applicants are languishing in jail since 09.10.2024. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed .

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Let the applicants, Dharmendra, Kaptan & Govind, who are involved in the aforesaid case crime, be released on bail on their 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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i. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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iii. The applicants 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 :- 17.1.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Dharmendra and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharmendra and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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