Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35668 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Sri Pankaj Kr. Ojha and Sri Shiv Kumar, learned counsel for the applicant, Sri Roshan Kr. Singh, learned A.G.A. and perused the record. 3. The instant application has been filed to enlarge the applicant on bail in case crime No. 213 of 2025, under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(2) BNS, P.S. Phaphund, District Auraiya. 4. Contention of learned counsel for the applicant is that though in the F.I.R. general allegation has been made against all the accused persons, including the injured Janmed Singh and Nem Pal have made specific allegation of causing injury against the co- accused Jainu Yadav and no specific allegation has been made against the present applicant, therefore, the applicant has been falsely implicated merely on presumption and doubt. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. He is languishing in jail
28.7.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned counsel for the first informant and learned A.G.A. for the State opposed the prayer for bail, but they could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, this court is of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity with the co-accused. 7.
Let the applicant- Dinesh Pratap @ Sanjay involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like Versus Counsel for Applicant(s) : Pankaj Kumar Ojha, Shiv Kumar Counsel for Opposite Party(s) : G.A. Dinesh Pratap Alias Sanjay .....Applicant(s) State of U.P. .....Opposite Party(s)
amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12.
The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; гeported in (2024) 10 SCC 685. October 29, 2025 Vandana BAIL No. 35668 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad