Allahabad High Court
Dhanveer vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30946 of 2019
Applicant :- Dhanveer
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Misra
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sunil Kumar Mishra, learned counsel for the applicant, Sri Madnesh Prasad Singh, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Dhanveer with a prayer to enlarge him on bail in Case Crime No.86 of 2019, under Sections 147, 148, 149, 332, 353, 336 I.P.C. & 7 Criminal Amendment Act, Police Station Nagla Khangar, District Firozabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the FIR has been lodged against three named, including the applicant, and 10-15 unknown persons with the allegation that on information received by the informer that illegal liquor has been stored at the house of accused persons, on 03.06.2019 at about 5.30 a.m. the police team reached at the place of the accused persons and made the accused persons awaken, who were sleeping at that time. After seeing the police party they started shouting, hearing the voice 10-15 men and women including the accused persons started pelting stones on the police party, due to which two police personnels sustained injuries, which are simple in nature. It has been argued that the applicant's family was preparing for Sri Madbhagwat Programme which was scheduled to be held from 04.06.2019 to 11.06.2019 and police party had disturbed them on wrong information and no alcohol was found from them. Criminal history of the applicant is explained in para 8 of the affidavit filed in support of the bail application and para 2 of the supplementary affidavit. Bail orders have also been annexed in the supplementary affidavit. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 06.06.2016. Accordingly, he requests for bail.
Per contra, learned counsel for the State has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
i) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
ii) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
iii) The applicant shall personally appear once in the first week of every month in the concerned police station. In case of any default, the in-charge, police station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned, who is required to convey this order to the concerned police station to ensure compliance of condition no.iii as provided hereinbefore.
The concerned court below which will accept the bail bonds is also directed to convey a photo-copy of this order to the concerned police station so that the condition no.iii provided hereinbefore may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 1.8.2019
Anand Sri./-
