PRADEEP DHURIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/9429/2025 · 2025-09-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167887 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9429 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR No.112 of 2025 under Sections 64, 351(3) BNS, Police Station Sangramgarh, District Pratapgarh. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged victim is aged about 56 years and has given varied statements under Sections 180 and 183 BNSS, which creates serious doubt about the prosecution version. It is further submitted that the applicant has no criminal antecedents. The medico-legal examination of the victim does not reveal any internal or external injury. Learned counsel contends that due to enmity regarding abadi land, the victim has falsely implicated the applicant. The applicant is languishing in jail since 03.07.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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 bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties Versus Counsel for Applicant(s) : Praveen Shukla Counsel for Opposite Party(s) : G.A. Pradeep Dhuriya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
as well as perused the record. On due consideration of the varied statements of the victim recorded under Sections 180 and 183 BNSS; the absence of corroborative medical evidence; and the facts that the applicant is in jail since 03.07.2025; the charge-sheet has already been filed in the matter; and the applicant has no criminal history; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Pradeep Dhuriya be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the BAIL No. 9429 of 2025 2
date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). September 26, 2025 Madhu D.R/P.S BAIL No. 9429 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench