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2025 DAILYLAW 194037 (ALL)

DHARMENDRA SINGH v. STATE OF U.P.

BAIL/24156/2025 · 2025-10-08

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24156 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Vikas Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 366 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination Act, 1998, Police Station Mahua Kheda, District Aligarh. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.05.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 14.12.2024 has been lodged against two named accused persons including the applicant with allegation that applicant was caught in the examination hall during writing the exam on behalf of co-accused Shiv Kumar. The charge-sheet has been submitted in this case on 31.05.2025 by the investigating officer. Learned counsel for the applicant submits that co-accused Shiv Kumar has already been enlarged on bail by co-ordinate Bench of this Court on Versus Counsel for Applicant(s) : Vikas Srivastava Counsel for Opposite Party(s) : G.A. Dharmendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 04.07.2025 in Criminal Misc. Bail Application No. 5964 of 2025. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Dharmendra Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 Vibha Singh BAIL No. 24156 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad