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2025 DAILYLAW 30701 (ALL)

DHARMENDRA KUMAR v. STATE OF U.P.

BAIL/9068/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39296 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9068 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Dharmendra Kumar, seeking enlargement on bail in Case Crime No. 186 of 2024, under Sections 137 (2), 87 B.N.S. Police Station Ait, District-Jalaun. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 25.12.2024 against three persons including the applicant with the allegation that neice of the informant was enticed away by the applicant and two other persons. The victim was recovered from Balaji Complex. He further submits that neither the victim was recovered from the possession of the applicant nor applicant has any concern with the incident in question. The victim in her statement under Section 180 B.N.S.S. has said that she herself has left her house and the applicant met her in the way and she went with the applicant at her sweet will. The victim in her statement under Section 183 has modified the story with the allegation of blackmailing her by the applicant. There is contradiction in her statement under Sections 180 and 183 B.N.S.S. The victim herself has denied from her medical examination. The applicant 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Dharmendra Kumar, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad