Dharmendra @ Peti v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14940 of 2023 Applicant :- Dharmendra @ Peti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko Counsel for Applicant :- Raghvendra Ojha,Prakhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Raghvendra Ojha, learned counsel for the applicant, Sri Abhishek Kumar Singh, the learned State Counsel for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 93 of 2022, under Sections 324, 504, 506 & 308 IPC, Police Station Munshiganj, District Amethi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.06.2022 against four named persons, not including the applicant, stating hat the accused persons had assaulted the informant's brother and when the informant raised a hue and cry, one of them caught hold of the informant so that he may not save him. The medico legal examination report of the victim mentions a solitary injury suffered by him on his head. There is an old animosity between the parties and an FIR N. 212 of 2022 was lodged from the applicant's side on 19.03.2022 against the injured and other persons. During investigation, the name of one of the accused persons Sumit Jeet Yadav has been expunged and the applicant has been implicated in his place.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The other named accused persons Sant Ram Chauhan, Vikram Saroj and Virjesh Saroj have already been granted bail by this Court by means of orders annexed as Annexure No. 6 to the affidavit filed in support of the application.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Dharmendra @ Peti be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 18.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench