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2025 DAILYLAW 177264 (ALL)

DHARMENDRA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11733/2025 · 2025-12-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11733 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged that the applicant, along with two other co-accused persons, committed a robbery and looted the brother of the informant, namely Jitendra Kediya, on 11.06.2025. Learned counsel for the applicant submits that the applicant's name has surfaced only on the basis of the confessional statement of a co-accused. It is further contended that a false recovery of Rs. 20,000/- and two cheques have been shown from the possession of the applicant, and there is no independent public witness to support such recovery. The applicant is languishing in jail since 30.06.2025. His criminal antecedents relating to 24 cases have been duly explained in paragraph 4 of the the supplementary affidavit. The co-accused Ritesh Gupta has been enlarged on bail vide order dated 14.11.2025 passed in Bail No.11033 of 2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail 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 prayer for bail. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Dharmendra Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Considering the facts that the applicant is in custody since 30.06.2025, he has satisfactorily explained his antecedents in the supplementary affidavit which is taken on record, there is no independent witness to the alleged recovery, and no test identification parade has been conducted, the co- accused, named above has been granted bail, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed, on parity ground. Let the applicant Dharmendra Gupta involved in Case Crime No.190/2025, Under Sections: 309(6), 61(2), 317(2) BNS, Police Station: Payagpur, District: Bahraich, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 11, 2025 R.C. BAIL No. 11733 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench