Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19346 of 2021 Applicant :- Dhananjay Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Achyut Jee,Ashok Kumar Rai,Ashwini Kumar Awasthi,Atharva Dixit,Radhey Shyam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Dhananjay Pandey, in Case Crime No. 64 of 2021, under Sections-109, 306 & 201 I.P.C. P.S. Dhanghata, District-Sant Kabir Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.02.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; even if entire accusation is being accepted no offence against the applicant is there; it was a suicide said to be committed by one girl and other boy; both being major and in case of their failure to get marriage solemanized because of threat of their family members; they were in fast love with each other; report by police personnel was got lodged with this accusation that last rituals were being carried at river side where applicant and other co-accused were present; cause of death of both of deceased could not be ascertained for which Viscera was preserved; there was no apparent ante mortem injury over their person; applicant, though not admit but, even if shown to be present on the spot it was under obligation of social liability being Pradhan pati in cremation and nothing more than that; neither it was any offence nor there is any likelihood of fleeing from course of justice. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that accusation against the applicant is of offence punishable under Section 201 I.P.C. rest accusation is against other.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Dhananjay Pandey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.7.2021 Deepak/