DHARMENDRA VERMA @ RINKU @ TINKU v. STATE OF U.P. THRU. PRIN SECY. DEPTT. HOME AFFAIRS LKO
ABAIL/157/2025 · 2025-02-05
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120876 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7420 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 157 of 2025 Applicant :- Dharmendra Verma @ Rinku @ Tinku Opposite Party :- State Of U.P. Thru. Prin Secy. Deptt. Home Affairs Lko Counsel for Applicant :- Sukhveer Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.0093 of 2019, under Sections 147, 148, 149, 323, 325, 504, 452, 506, 308 I.P.C., Police Station Sohramau, District Unnao. Contention of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant was not involved in committing the offence and general role has been assigned to all the accused persons for beating the injured persons. Further submission is that the applicant is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned A.G.A. for the State has opposed the prayer and drawing attention of the Court towards the order dated 18.9.2020 passed in Application U/S 482/378/407 No.2129 of 2020, he submitted that the applicant was given particular time to surrender before the trial court extending the benefit of ratio of Judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as the Judgment of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) but he has misused the liberty. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant has misused the liberty granted by this Court,
vide order dated 18.9.2020 passed in Application U/S 482/378/407 No.2129 of 2020 as he did not appear before the trial court which reveals that he is avoiding the criminal proceedings.
This Court has also noticed the fact that there are as many as three injured persons and one of the injured has received injuries over his head, as such, the matter seems to be serious.
Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused and the gravity of offence, this Court do not find any good ground to intervene in this matter. Consequently, the instant anticipatory bail application is hereby dismissed. Consigned to records.
Order Date :- 5.2.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench