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2025 DAILYLAW 73245 (ALL)

DINESH KUMAR ALIAS PINTU v. STATE OF U.P.

BAIL/24299/2025 · 2025-08-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131711 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24299 of 2025 Applicant :- Dinesh Kumar Alias Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Mohan Kant Baghel Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Mohan Kant Baghel, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. 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. 188 of 2024, under Sections 147, 323, 304, 504, 506 of the IPC, Police Station Narkhi, District Firozabad. 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 27.05.2025. Learned counsel for the applicant further submits that the FIR has been registered with some delay of which no satisfactory explanation has been submitted. Learned counsel for the applicant submits that the applicant is not named in the FIR and his name surfaced during course of the investigation. Learned counsel for the applicant submits that general allegations have been levelled against the applicant in the FIR. Learned counsel for the applicant submits that the co-accused Arun Kumar @ Rushi and Jitendra @ Jeetu have already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 29078 of 2024 and Criminal Misc. Bail Application No. 22261 of 2025 vide order dated 21.10.2024 and 11.07.2025 respectively and the case of the applicant is on better footing from the co-accused granted bail by the Co-ordinate Bench of this Court. 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 the prayer for bail, but could not dispute the submissions raised by learned counsel for the applicant. Considering all above 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, Dinesh Kumar Alias Pintu, 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 :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad