Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36142 of 2021 Applicant :- Dharmendra @ Parwana Ahirwar Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Opposite Party :- G.A.,Vijay Singh Sengar
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Vijay Singh Singer, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. There is no independent witness to the factum of recovery. Similarly circumstanced co-accused Shivam @ Pushpendra Singh has already been admitted to bail by coordinate Bench of this Court vide order dated 29.09.2021 in criminal misc. bail application no.36598 of 2021. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 22.07.2021.
Learned counsel for the informant and learned A.G.A. have opposed prayer for bail.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Dharmendra @ Parwana Ahirwar involved in Case Crime No.501 of 2021, under Sections 392, 411 I.P.C., Police Station Kotwali Orai, District Jalaun 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.
Order Date :- 27.10.2021 rkg