Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52302 of 2019 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kishore,Piyush Kishore Srivastava Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Piyush Kishore Srivastava, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Dharmendra Kumar with a prayer to release him on bail in Case Crime No. - 457 of 2012, Criminal Case No. 849 of 2013, under Sections - 308, 323, 504 IPC, Police Station - Nawabganj, District - Allahabad (Prayagraj), during pendency of trial.
3. At the outset, it has been submitted by learned counsel for the applicant, in exact similar allegations, co-accused Dinesh Kumar has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 50372 of 2019, vide order dated 18.11.2019. For the reasons contained in that order, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Prakhar