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2025 DAILYLAW 147568 (ALL)

DHARMENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/6422/2025 · 2025-08-06

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45837 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6422 of 2025 Applicant :- Dharmendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suresh Kumar Yadav,Poonam Counsel for Opposite Party :- G.A.,Aniket Srivastava,Anurag Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the main accused Arpit Yadav has been granted bail by this Court today vide Criminal Misc. Bail Application No. 7281 of 2025. Other co- accused Amit Yadav and Ayush Rawat @ Maas have also been granted bail by a coordinate bench of this Court vide orders dated 29.7.2025 and 16.7.2025 Criminal Misc. Bail Application Nos. 6847 of 2025 and 5825 of 2025 respectively. Hence, the present applicant claims parity. It is further submitted that the case is of circumstantial evidence. The applicant has no criminal history and he is languishing in jail since 3.4.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that the applicant has no criminal history; he is languishing in jail since 3.4.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Dharmendra Yadav involved in Case Crime No. 184 of 2025, under Sections 103(1), 238, 3(5) of B.N.S., Police Station- Mohammadpur Khala, District- Barabanki, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 6.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench