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2025 DAILYLAW 100701 (ALL)

DINESH KUMAR v. STATE OF U.P.

BAIL/33313/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33313 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akshay Singh, Advocate holding brief of Sri Ajay Sengar, learned counsel for the applicant and learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0086 of 2025, under Sections 121(1), 115(2), 351(2), 352, 324(3), 309, 317(2) of BNS and Section 7 of Criminal Law Amendment Act, Police Station - Rampura, District - Jalaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the informant was infatuated with the wife of the applicant, as such, the instant false case has been instituted. The injuries sustained by both the parties are simple in nature. There is no explanation of the injuries sustained by the applicant. The chats of the informant with the applicant's wife have been filed as Annexure No. 2 to the affidavit filed along with bail application. 5. Learned counsel has next contended that criminal history of one case assigned to the applicant has been explained. One another case under the Arms Act has been foisted upon the applicant subsequently. The applicant is languishing in jail since 23.08.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the Versus Counsel for Applicant(s) : Ajay Sengar Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Dinesh Kumar, who is involved in aforementioned 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. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 Siddhant BAIL No. 33313 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad