Allahabad High Court
Dharmpal @ Dhamu vs State Of U.P. on 17 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26797 of 2020 Applicant :- Dharmpal @ Dhamu Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant,Dharmpal @ Dhamu, with a prayer to release him on bail in Case Crime No. 147 of 2019 under Sections 195, 420, 467, 468, 471, 120-B, 201, 297 I.P.C., Police Station- Hasanpur, District- Amroha during pendency of trial.
Learned counsel for the applicant has contended that the co-accused Smt. Shakuntala has been granted bail by this Court on 26.11.2019 in Criminal Misc. Bail Application No. 40418 of 2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 08.04.2019.
Learned A.G.A. has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.9.2020 KS