DHARMENDRA KUMAR @ D.K. v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
NABAIL/1279/2025 · 2025-09-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164926 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1279 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ajeet Kumar Singh, the learned counsel for the applicant as well as Sri Ayush Srivastava, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.219 of 2025, under Sections 309(4), 317(2), 317(4), 318(4), 338, 336(3), 340, 61(2) B.N.S., registered at Police Station Sandila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against named accused person Vikas and his unnamed accomplices stating that the accused persons snatched away a four wheeler vehicle of the informant. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of arrest and recovery memo wherein custodial statement of named accused Vikas is recorded, who stated that the applicant is Pradhan of Village Tapnaur and he is involved with one Ashraf and his sons in sale and purchase of stolen diesel. 5. The learned counsel for the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged regarding robbery of a four wheeler vehicle; that the applicant has been implicated in the present case solely on the basis of custodial statement of a co-accused person who stated that the applicant is involved in sale and purchase of stolen diesel regarding which there is no allegation in the F.I.R. coupled with the fact that the applicant has no criminal history and being Pradhan of village there is no apprehension of the applicant absconding from the process of law and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Dharmendra Kumar @ D.K. .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Dharmendra Kumar @ D.K. before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 17, 2025 Ram.
NABAIL No. 1279 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench