Allahabad High Court
Dharmendra vs State Of U.P on 29 May, 2018
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20253 of 2018
Applicant :- Dharmendra
Opposite Party :- State Of U.P
Counsel for Applicant :- Kamal Kaushal Upadhyay,Jai Shanker Audichya
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, the First Information Report was lodged against seven accused namely, Lavkush, Manoj, Shashi, Monu, Pradeep, Mahaveer and Chob Singh alleging that (date and time unknown) when these accused and deceased Tikam Singh were playing 'Kabaddi' they assaulted Tikam Singh due to some dispute; he received four injuries and died due to asphyxia as a result of anti mortem smothering.
Learned counsel for the applicant submits that the applicant is languishing in jail since 21.09.2017 (more than eight months) having no criminal history. The applicant has been falsely implicated in the present case. He is not named in the F.I.R.. The name of the applicant was disclosed by Manoj on his confessional statement before the police and it is stated that the role of the applicant is of catching hold. There is no eye witness account or independent witness against the applicant. Learned counsel for the applicant further submits that towel (Gamchha) was recovered from the possession of the applicant.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Dharmendra involved in Case Crime No. 62 of 2017, under Sections 147, 302, 201 and 506 IPC, Police Station Vijaigarh, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018
OP
