Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30223 of 2019 Applicant :- Dharmendra @ Dhannu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 551 of 2017, under Sections 392 and 411 I.P.C., P.S. Jagdishpura, district-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the incident is said to have taken place on 12.7.2017 and the first information report was lodged after three days of the incident on 15.7.2017 against three unknown persons. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The recovery which has been shown from the applicant is false one. Neither there is any public witness of the alleged recovery nor proper test identification parade of the accused or of the articles said to have been recovered was conducted. Further submission is that similarly placed co-accused Ashu has already been enlarged on bail by another Bench of this Court vide order dated 3.7.2019 passed in Criminal Misc. Bail Application No. 24511 of 2018.
Learned counsel for the applicant has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 15.9.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there is criminal history of eight cases against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has properly explained the criminal history in para 6 of the affidavit accompanying the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Dharmendra @ Dhannu be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 551 of 2017, under Sections 392 and 411 I.P.C., P.S. Jagdishpura, district-Agra subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul