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2025 DAILYLAW 161699 (ALL)

DHARMENDRA BHARTI @ ARJUN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8281/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8281 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Pravin Singh, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2025, under Sections 303(2), 317(2), 317(4), 3(5) B.N.S and Section 66-C, 66-D of Information Technology Act, registered at Police Station Baba Baza, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 27.06.2025 stating that Rs.58,000/- were fraudulently transferred from the informant's bank account through online mode. 4. The police arrested five persons, including the applicant in connection with the F.I.R No. 324 of 2025 lodged in Police Station Kotwali Nagar, District Ayodhya on 29.06.2025 under Sections 310(4), 310(5) B.N.S and 3/25 of Arms Act, stated that on the basis of information received from a mukhbir that the accused persons were planning to commit dacoity in a house. They were apprehended. A country made pistol, a live cartridge, two mobile phones and Rs. 1,000/- were recovered from the applicant. Simultaneously, recoveries were made from the other arrested persons and the accused persons confessed their involvement in commission of the present offence. 5. In the affidavit filed in support of the bail application, it has been stated Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Dharmendra Bharti @ Arjun .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 21 of the affidavit, in which he has been granted bail. 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 16.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial confessional statement of accused persons and that the applicant is languishing in jail since 29.06.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Dharmendra Bharti @ Arjun be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 4, 2025 Preeti. BAIL No. 8281 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench