Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32532 of 2018 Applicant :- Dhirendra Singh @ Raja Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Mangal Tiwari,Vindhyachal 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.
The argument is that the applicant was initially implicated in Case Crime No.1381 of 2017, under Section 457, 380, 411 I.P.C, Police Station Bhognipur, District Kanpur Dehat. The applicant was arrested on 13.01.2018 and released on bail on 9.07.2018. Thereafter police again arrested on the basis of his confession, he has been implicated in two more cases and one of such case is present case. The argument is that the applicant is in jail since 14.01.2018 and prior to implication in Case Crime No.1381 of 2017 he had no criminal history.
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 Dhirendra Singh @ Raja Mishra involved in Case Crime No.677 of 2017, under Section 392 IPC, Police Station Mangalpur, District- Kanpur Dehat 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 :- 27.8.2018 SS