Dalveer v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40322 of 2023 Applicant :- Dalveer Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has filed two supplementary affidavits, which are taken on record. In first supplementary affidavit, criminal history of the accused has been explained and in another supplementary affidavit recovery memo has been annexed with the affidavit.

¶2Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 54 of 2023, under Sections 392, 411 I.P.C Police Station-Eka, District-Firozabad, during pendency of the trial.

¶4Counsel for the applicant submits that the applicant is not named in the F.I.R, he has been falsely implicated in the instant case. He further contended that the alleged recovered items are not identified by the aggrieved in accordance with rules after keeping several similar items with it. Similar arguments has also been advanced by the learned counsel for the complainant that proper identification parade has not been conducted. He is in jail since 15.03.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Dalveer, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. iv. the applicant shall appear before the concerned S.H.O. on any day of first week of every month till the further order of the trial court.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad