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2025 DAILYLAW 68191 (ALL)

KARAN DIWAKAR ALIAS PRADEEP v. STATE OF U.P.

BAIL/22769/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22769 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pankaj Kumar Maurya, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 68 of 2025, under Sections 137(2), 87 of BNS, Police Station - New Agra, District - Agra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that the victim in her statement recorded u/s 183 BNSS has not allayed any allegation against any person as she has categorically stated that she was beaten up by her mother, as such, she left her house on her own and had gone to police station New Agra. 6. Learned counsel has next contended that the applicant is languishing in jail since 04.04.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. Versus Counsel for Applicant(s) : Dinesh Kumar Srivastava, Lavkush Kumar Shukla, Pankaj Kumar Maurya, Rajjan Kumar Counsel for Opposite Party(s) : G.A. Karan Diwakar Alias Pradeep .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the statement of the victim recorded u/s 183 BNSS, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Karan Diwakar Alias Pradeep, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 Siddhant BAIL No. 22769 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad