Dharmendra @ Dharra vs State Of U.P.
2019 Latest Caselaw 2796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15195 of 2019
 

 
Applicant :- Dharmendra @ Dharra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raj Bahadur Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Krishna Gautam,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

By means of this application, the applicant Dharmendra @ Dharra, who is involved in Case Crime No. 0595 of 2018, under Sections 379, 411 I.P.C., P.S. Kotwali Kannauj, District Kannauj, is seeking enlargement on bail during the trial.

It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He was apprehended with alleged stolen motorcycle in Case Crime No. 175 of 2018, in which he has been enlarged on bail in Criminal Misc. Bail Application No. 9623 of 2018 (Dharmendra @ Dharra Vs. State of U.P.) by High Court Lucknow Bench, vide order dated 15.11.2018, and after this detention, on the basis of alleged confession, he has been implicated in present case crime No. 0595 of 2018 and other cases also whereas prior to this arrest, there was no criminal antecedents of accused applicant. This case crime No. 595 of 2018 was got lodged against unknown persons. He was not named in it nor there is any credible evidence against him. He will cooperate in the trial and will not commit any further offence or temper with evidence, hence, bail has been prayed for.

Learned A.G.A. vehemently opposed the prayer for bail.

Accused applicant has been enlarged on bail in case crime No. 175 of 2018 under Section 41 Cr.P.C. and Sections 411, 413, 414, 419, 420, 467, 468, 471 I.P.C., Police Station Arwal, District Hardoi and subsequently, he has been implicated in this case crime number, which was registered against unknown persons. All criminal antecedents are after arrest in above case crime number, in which bail has been granted as above.

Under all above facts and circumstances, considering the severity of punishment, heinousness of offence, no chance of fleeing from the course of justice or likelihood of tempering of evidence, in case of release on bail, a case for bail is made out.

Let applicant Dharmendra @ Dharra, be released on bail in Case Crime No. 0595 of 2018, under Sections 379, 411 I.P.C., P.S. Kotwali Kannauj, District Kannauj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 11.4.2019

Kamarjahan