Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19971 of 2019 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Shukla Counsel for Opposite Party :- G.A.,Pravin Kumar Mishra
Hon'ble Vipin Sinha,J.
Heard Sri Brajesh Shukla, learned counsel for the applicant, Sri Pravin Kumar Mishra, learned counsel for the first informant and Sri Rajesh Mishra, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.1012 of 2018, under Sections 323, 504, 506, 342, 376, 376-D, IPC, Police Station Noida Sector 39, District Gautam Buddha Nagar.
The counsel for the applicant has claiming parity of the applicant from co-accused Narendra. The contention is that the appellant is the Dever of the victim. The Husband of the victim against whom the similar allegation has been made, has been granted bail by the court below vide order dated 18.03.2018 passed in Bail Application No. 1224 of 2019, copy of which has been annexed as annexure no.10 to the affidavit filed in support of bail application. The applicant is a married person having two young children. The applicant is in jail since 24.02.2019 with no previous criminal history.
Learned counsel for the first informant as well as learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Dharmendra Singh involved in the aforesaid case crime number 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 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019 VKG