Dharmpal and Another v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47821 of 2023 Applicant :- Dharmpal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jata Shankar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicants, learned AGA and perused the record.

¶2In terms of the FIR, four persons including the applicants, were arrested and on their pointing out 18 motorcycles were recovered. It is stated that two knives and two number plates were also recovered. Based upon the said, the applicants were linked with four other cases. Contention of counsel for the applicants is that there are no independent witnesses to the search or to the recovery of the motorcycles. The applicant have no criminal antecedent prior to the offence in question and are in custody since

12.09.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the recovery to be prima-facie not in the presence of any independent witnesses, which is the sole foundation of the case against the applicant and the fact that he has no criminal antecedent prior to the offence in question, the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicants Dharmpal and Sher Singh be released on bail in FIR No.293 of 2023, under Section 411, 414, 482 IPC, P.S. Babugarh, District Hapur on their furnishing a personal bond each with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicants shall execute a bond to undertake to attend the hearings;

(b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

(c) The applicants 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 or tamper with the evidence. Order Date :- 8.11.2023 nishant High Court of Judicature at Allahabad