A criminal appeal under Article 136 of the Indian Constitution was filed in Constable Dharmendra Singh v. State of Uttar Pradesh on February 28, 2023, challenging the Allahabad High Court’s decision to deny the petitioner’s request for anticipatory bail for offences under Sections 448, 452, 427, 323, 504, 506, and 395 of the Penal Code, 1860, relating to the demolition of the complainant’s home and dacoity.
Decision of court
The Police Constable was granted anticipatory relief by the Supreme Court Division Bench of Sanjay Kishan Kaul and Ahsanuddin Amanullah after taking into account the case’s facts and circumstances. The incident in question was reported in 2019 for an accident that allegedly occurred on January 14, 2016.
The uncontested facts that the First Information Report was filed three years late and that the appellant is a police constable were cited by the court. The Court also considered the counsel’s argument that “the only responsibility assigned to the appellant was his presence along with the others and such of the persons who are allegedly responsible for dragging the occupants outside the house have already been granted bail.”The appellant does not need to be arrested based on the submitted chargesheet, and the court ordered him to participate in the trial and help hasten its conclusion. The court also took into consideration the stay on cancellation of bail to the co-accused. As a result, the Police Constable was granted bail by the court.