Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44786 of 2021 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Dharmendra with a prayer to enlarge him on bail in Case Crime No.358 of 2021, under Sections- 392, 411 I.P.C. Police Station- Badalpur, District- Gautambuddh Nagar.
Learned counsel for the applicant has submitted that the alleged incident is on 29.07.2021 and the FIR has been lodged on 06.08.2021. The accused-applicant has been arrested allegedly on 07.08.2021 and the recovery of Rs. 13000/- cash and one country made pistol (315-bore) along with four live cartridges and three empty cartridges are false and fabricated. There is no public witness of the alleged recovery. The accused applicant has also been implicated in other cases after his arrest by the police. The criminal history of the applicant has been explained in para-5 of the affidavit. The applicant is languishing in jail since 07.08.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the applicant is involved in a robbery case and some case property and the fire arm has been recovered from his possession. Hence bail is opposed.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant-Dharmendra involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
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.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 28.10.2021 C. MANI