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2025 DAILYLAW 68813 (ALL)

DILKHUSH KUMAR v. STATE OF U.P.

BAIL/22100/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103242 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22100 of 2025 Applicant :- Dilkhush Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Pushpendra Singh Jadon, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.268 of 2025, under Sections 143(5) BNS, Police Station- Mughalsarai, District Chandauli. 3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR itself, the applicant is 19 year old and one child aged about 17 year accompanied him, therefore, Section 143(5) BNS is not made out. It is further submitted the child Abhinandan Kumar accompanied the applicant also belongs to the village of the applicant and he was going to Delhi in search of livelihood, therefore, no offence was committed by the applicant. He further submitted that the applicant has no criminal history and charge sheet has already been filed, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Dilkhush Kumar involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad