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2025 DAILYLAW 199124 (ALL)

DHIRESH @ DHIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/10853/2025 · 2025-11-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10853 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.573 of 2025 under sections 105, 352, 351(2), Police Station Bilgram, District Hardoi. 3. Learned counsel for the applicant argues that in terms of the FIR, it is alleged that on 30.11.2024, the applicant, who is the younger son of the informant was in a state of intoxication and had an fight with the elder brother, whereby lathi danda was used, subsequently, the elder brother was seriously injured. It is submitted that the informant had not supported the prosecution story in her statement recorded before the Magistrate. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances including the said statement of the informant before the Magistrate not supporting the prosecution coupled with the fact that the offence was taken place in the sate of intoxication, and without commenting upon the merits of the case, the applicant who is in jail since 02.12.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Dhiresh @ Dhirendra Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties Versus Counsel for Applicant(s) : Mangal Sen Yadav, Deepansi, Sonal Singh Counsel for Opposite Party(s) : G.A. Dhiresh @ Dhirendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 15, 2025 Raj BAIL No. 10853 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench