Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30448 of 2019 Applicant :- Dharmendra @ D.K.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Dharmendra @ D.K in connection with Case Crime No. 190 of 2019, under Sections 41/102 Cr.P.C. and Section 411, 413, 419, 420, 467, 468, 471 IPC, P.S. Kotwali Fatehgarh, District Farrukhabad.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was arrested along with another co-accused in police checking and six motor-cycles were alleged to have been recovered from their possession. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He further submitted that co-accused Anmol and Vinay Kumar having similar role, have been granted bail by this Court vide order dated 08.07.2019 passed in Criminal Misc. Bail Application Nos. 27050 of 2019 and 25480 of 2019. He further submitted that the applicant is in jail since 13.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dharmendra @ D.K be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.7.2019 Ujjawal