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2025 DAILYLAW 15529 (ALL)

DHARMENDRA SINGH v. STATE OF U.P.

BAIL/3900/2025 · 2025-04-24

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64151 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3900 of 2025 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Ajay Kumar Pandey, learned Counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 726 of 2024, under Section 105 of Bhartiya Nyay Sanhita, 2023, Police Station Uttar, District Firozabad, during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is the manager of a hospital and as per allegation, due to the negligence of his hospital, son of the informant died but entire allegation levelled against the applicant is false. 4. He further submits, actually son of the informant arrived at the hospital of applicant in a very serious condition and his platelets were very low and therefore, he died. 5. He further submits, except bald and verbal allegation, there is no cogent evidence of negligence against the applicant on record. 6. He next submits, however apart from the present case, applicant was also made accused in one another case but in that case after investigation, final report has been submitted. 7. He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 24.12.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for applicant and nature of allegations levelled against the applicant and the fact, that applicant is in jail since December, 2024, in my view applicant is entitled to be enlarged on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Dharmendra Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 25.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad