Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24353

of 2022

Applicant :- Deenanath

Opposite Party :- State of U.P.

Counsel for Applicant :- Arvind Prabodh Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The instant bail application has been filed on behalf of the

applicant with a prayer to release him on bail in Case Crime

No.22 of 2017, under Sections 396, 412, 302, 201, 328, 364,

120-B I.P.C., P.S. Devrahat, District Kanpur Dehat, during

pendency of the trial.

It is argued by learned counsel for the applicant that applicant is

innocent and has been falsely implicated in the present case. It

is further submitted that the applicant was earlier granted bail

on 31.7.2013 by this Court. It is next submitted that the

applicant is an illetrate person and he went to Delhi for some

labour work, therefore, could not appear before the court on the

date fixed. The act of the applicant of non-appearance on dates

is not intentionally. Since the applicant did not appeared on the

date fixed, NBW was issued and he was arrested on 4.10.2021.

Since then he is in jail. It is further argued that PW1, PW2 and

PW3 have already been examined and there are chances of

early conclusion of trial. The applicant is languishing in jail

since 410.2021 and in case he is enlarged on bail he will not

misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in

view the nature of offence, evidence, complicity of accused and

without expressing any opinion on the merits of the case and

the mandate laid down by the Apex Court in the case of

Dataram Singh Vs. State of U.P. and another reported in

(2018) 3 SCC 22, the Court is of the view that the applicant has

made out a case for bail. The bail application is allowed.

Let the applicant, Deenanath, who is involved in the aforesaid

case crime, be released on bail on his furnishing a personal

bond and two sureties each in the like amount to the satisfaction

of the court concerned subject to following conditions. Further,

before issuing the release order, the sureties be verified.

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.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 20.6.2022

Deepika

Digitally signed by DEEPIKA SINGH

Date: 2022.06.23 14:03:57 IST

Reason:

Location: High Court of Judicature

at Allahabad