Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33083 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 0163 of 2025, under Sections 191(2), 115(2), 333 and 105 B.N.S., Police Station- Bisauli, District- Budaun, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four named accused is alleged to have assaulted the husband of the informant, namely, Pramod. During the course of treatment, Pramod succumbed to his injuries. According to the postmortem report, the deceased sustained four injuries. One injury was found on the head while other injuries were on other parts of the body. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused head injury to the deceased Pramod. It is next contended that identically placed co-accused Fanees Kumar Singh has been granted bail by this Court vide order dated 14.10.2025 passed in Criminal Misc. Bail Application No.32770 of 2025. The applicant claims parity. The applicant has no criminal antecedents. The applicant is in jail since 11.6.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Jayant Rai Counsel for Opposite Party(s) : G.A. Dharmendra Alias Lalla .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Having heard counsel for the parties and having perused the record this Court prima facie finds that a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender who caused head injury to the deceased Pramod and identically placed co- accused Fanees Kumar Singh has been granted bail by this Court.
Further, the applicant has no criminal antecedents and has remained confined for more than four months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Dharmendra @ Lalla, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 15, 2025 S.S.
BAIL No. 33083 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad