Dharma vs State Of U.P.
2021 Latest Caselaw 478 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49480 of 2020
 

 
Applicant :- Dharma
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Akhilesh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Sri Pramod Kumar, Advocate, who appears on behalf of informant and the learned A.G.A. for the State.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 151 of 2020, under Sections 352, 307 IPC, P.S. Rabupura, District Gautam Buddh Nagar.

Counsel for the applicant argues that no specific role has been assigned against the applicant. He further argues that the applicant is languishing in jail since 15.8.2020. As regards the criminal history, counsel for the applicant states that only one case is pending against him under Section 323, 324, 504, 506, 452 IPC, in which he has been enlarged on bail.

Learned A.G.A. as well as counsel for the informant are not in a position to deny or bring on record anything with regard to the criminal history or to demonstrate that if the applicant is enlarged on bail would affect the trial adversely.

Considering the facts and circumstances of the case and the fact that the applicant is languishing in jail since 15.8.2020 as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.

Let the applicant Dharma 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 :-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 8.1.2021

S. Rahman