Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30199 of 2019 Applicant :- Dharmendra Parasar Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Dharmendra Parasar in connection with Case Crime No.807 of 2017, under Sections 285, 436 I.P.C., P.S. Sikandra, District Agra.
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 incident is alleged to have taken place on 15.08.2017 and it was reported to the police after a gap of three days, i.e. on 18.08.2017. He further submitted that the police has recorded the statement of the injured, Rajendra Singh, who was alleged to be the owner of the house at a very belated stage on 22.03.2019. He submitted that the other witness was also examined at a very belated stage on 22.03.2019. He submitted that the applicant surrendered on 28.04.2019. He submitted that the applicant is languishing in jail since 28.04.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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 Parasar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing 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.
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.
Order Date :- 30.7.2019 R./