Dharmendra vs State Of U.P. And Another
2023 Latest Caselaw 9458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2071 of 2023
 

 
Applicant :- Dharmendra
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar I
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned AGA for the State.

The instant anticipatory bail application has been filed on behalf of the applicant, Dharmendra with a prayer to release him on bail inCase Crime No.73 of 2020, under Sections 147, 148, 323, 308, 325, 504, 506 IPC, Police Station - Sikandarpur, District Ballia.

By the order dated 1.3.2023, the interim anticipatory bail was granted to the applicant granting time to learned A.G.A. to file counter affidavit.

No counter affidavit has been filed as yet.

For the reasons given in the earlier order dated 1.3.2023, the applicant is already on interim anticipatory bail. He shall continue on anticipatory bail till the conclusion of trial on same personal bonds and sureties as per earlier order with the following conditions:-

1. The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court.

2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

3. That 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;

4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 31.3.2023

Ruchi Agrahari