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2025 DAILYLAW 172236 (ALL)

DHARMENDRA TIWARI AND ANOTHER v. STATE OF U.P.

BAIL/37466/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37466 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Puneet Kumar, learned counsel for the applicant, Sri Ram Kumar Verma, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 77 of 2025, under Sections 109, 115(2), 352, 351(3), 117(2) B.N.S., Police Station- Girwan, District Banda. 3. Contention of learned counsel for the applicants is that in the incident in question, cross cases have been lodged against each other by the applicants' side as well as first informant's side. Two persons have received injury from the applicants' side and four persons received injury from the informant's side. General allegations have been made against all the accused persons including the applicants, therefore, it cannot be said who was aggressor, at this stage. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicants have no criminal history and he is languishing in jail since 21.06.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, Versus Counsel for Applicant(s) : Puneet Kumar Counsel for Opposite Party(s) : G.A. Dharmendra Tiwari And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 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, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants- Dharmendra Tiwari and Lavlesh Tiwary involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicants 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. 10. It is 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 applicants. BAIL No. 37466 of 2025 2 11. 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 reported in (2024) 10 SCC 685. October 29, 2025 A.Kr. BAIL No. 37466 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad