Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27625 of 2019 Applicant :- Dharmpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant was not named in the first information report. He has been subsequently implicated on the basis of statement of co-accused, Sher Singh @ Shera Nai. Similarly implicated co-accused, Vijay Sharma, has already been enlarged on bail vide order dated 30.05.2019 in Criminal Misc. Bail Application No.6130 of 2019. There is no recovery from the applicant and he has criminal history of three cases, which has been explained in para 12 of the supplementary affidavit. The applicant is in jail since 04.09.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 Dharmpal involved in Case Crime No.159 of 2018, under Sections 302, 201, & 394 IPC, Police Station Madrak, District- Aligarh 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.7.2019 SS