Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32941 of 2021 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar,Urmila Shukla Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Dharmendra, in Case Crime No. 409 of 2020, under Sections 147, 148, 149, 307, 34, 302, 504, 506 IPC, Police Station-Bindki, District- Fatehpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 27.09.2020; he is of one criminal antecedent that, too, is of matrimonial dispute wherein he is on bail and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First information report was got lodged against 09 persons with general allegation of giving firearm shot over the deceased, but subsequently, in the statement of informant as well as wife of the deceased, recorded under Section 161 Cr.P.C., specific role of giving firearm shot has been assigned to Dinesh; there is no recovery from the applicant; other co-accused Omprakash and another in Crl. Misc. Bail Application no. 11121 of 2021, co-accused Bhadai @ Udai Raj in Crl. Misc. Bail Application no. 22404 of 2021, co-accused Raja @ Rana and another in Crl. Misc. Bail Application no. 22538 of 2021, have been enlarged on bail by the co-ordinate Benches of this Court. Hence, bail has been prayed for.
Learned AGA as well as counsel for the informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Dharmendra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.10.2021 Dhirendra/