Allahabad High Court
Devendra @ Dharmendra vs State Of U.P. on 18 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51685 of 2022 Applicant :- Devendra @ Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.
Copy of the order dated 16.11.2022 relating to the criminal history of the applicant in which he has been granted bail by the trial court concerned in Case Crime No. 82 of 2019 u/s 147, 148, 323, 325, 452, 504, 308, 506 I.P.C., P.S.- Raunapar, District- Azamgarh, has been produced by the learned counsel for the applicant in the Court today which is taken on record.
Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Devendra @ Dharmendra, with a prayer to release him on bail in Case Crime No. 111 of 2022, registered under Sections 406, 420, 467, 468, 471 I.P.C., Police Station- Raunapar, District- Azamgarh, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the applicant is neither named in the first information report nor he was arrested on the spot. It is further submitted that there is no evidence on record to prove that the applicant has received any money from the informant. Nothing incriminating has been recovered from the possession of the applicant. It is further submitted that identically circumstanced co-accused, namely, Harichandra Ram has been enlarged on bail by coordinate Bench of this Court vide order dated 02.11.2022 passed in Criminal Misc. Bail Application No. 48444 of 2022. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 10.09.2022 and has criminal history of one case, namely, Case Crime No. 82 of 2019 u/s 147, 148, 323, 325, 452, 504, 308, 506 I.P.C., P.S.- Raunapar, District- Azamgarh, in which he has been granted bail by the trial court concerned. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. 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 deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused, namely, Harichandra Ram has been enlarged on bail by coordinate Bench of this Court, larger mandate of Article 21 of the Constitution of India, 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, the Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Devendra @ Dharmendra, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
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 case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.11.2022/KS