Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22617 of 2021 Applicant :- Dharmendra Prasad Yadav @ Dharmendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Ashutosh Kumar Nishad,Nidhi Singh,Prabhat Kumar,Sandip Kumar,Shashi Shankar Shukla,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Shashi Shankar Shukla, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.33 of 2021, under Sections 395, 412, 420, 34 IPC, Police Station Cantt, District Gorakhpur, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case and the FIR was lodged against unknown persons. It is further contended that the recovery against the applicant is forged and fabricated, for which there is no public witness. It is further contended that no test identification parade has been conducted during the investigation. It is further submitted further submits that co- accused Mahendra Yadav, Devendra Yadav and Durgesh Agrahari have already been granted bail by co-ordinate Bench of this Court vide orders dated 09.06.2021,27.7.2021,2.8.2021 passed in Criminal Misc. Bail Application No.21159 of 2021, 17064 of 2021 and 14421 of 2021, and the case of the applicant is on better footing than co-accused persons, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 21.1.2021 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State
of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Dharmendra Prasad Yadav @ Dharmendra Yadav who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 16.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.17 10:10:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad