Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9616 of 2021 Applicant :- Dharmesh @ Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. On 22.09.2020, the first informant i.e. mother of victim has given application to SP, Kaushambi informing that Dharmesh @ Dharmendra is not involved in the present matter. It is next submitted that brother of applicant, namely, Pappu Singh himself has also given application dated 15.12.2020 to SP, Kaushambi informing that victim was married with Ajay Singh and also provided mobile number of Ajay Singh being Mobile No. 9528469441. The victim and her family members are continuously in touch with Ajay Singh by Mobile No. 7570079803. It is next submitted that if proper interrogation would be made by the family members of the victim, she may be recovered and ultimately victim was recovered on 02.04.2021. After recovery, victim in her statement recorded under Section 164 Cr.P.C. accepted that she solemnized marriage with Ajay Kumar and residing along with him and also having a male baby of one and half years. Ajay Kumar, who is also made an accused in this case, has already been enlarged on bail by this Court on 22.07.2021 in Criminal Misc. Bail Application No. 23546 of 2021. Applicant has no criminal history and he is in jail since 24.06.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Dharmesh @ Dharmendra, involved in Case Crime No. 328 of 2019, under Sections- 363, 366, 366A, 370, 506 I.P.C., Police Station- Pipri, District Kaushambi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.7.2021/Arvind