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2025 DAILYLAW 79968 (ALL)

DILIP KUMAR v. STATE OF U.P.

BAIL/26126/2025 · 2025-08-21

Santosh Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145206 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26126 of 2025 Applicant :- Dilip Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra,Ujair Sarfraj,Vikesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant,Dilip Kumar, seeking enlargement on bail in Case Crime No.171 of 2024, under Sections 419, 420, 465, 467, 468, 471 and 120-B I.P.C. and Section 6/10 U.P. Public Exam Act, Police Station Kotwali, District Gorakhpur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number. It is further submitted that as per F.I.R. version, main role of cheating has been assigned to co-accused Pramod Kumar Yadav and Pramod Kumar Yadav was arrested at the examination centre by competent authority. He appeared in the examination by way of cheating through impersonation of Dilip Kumar. Name of Dilip Kumar came into light on the basis of statement of co-accused Pramod Kumar Yadav who was arrested on the spot. No any kind of forged document was recovered from the possession of the applicant. It has been argued on behalf of the accused-applicant that main role of involvement regarding cheating has been assigned to co-accused Pramod Kumar Yadav who has been granted bail by coordinate Bench of this Court vide order dated 04.06.2025 passed in Criminal Misc. Bail Application No.47588 of 2024. The applicant is languishing in jail since 16.06.2025. He 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Dilip 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. 8. 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 :- 22.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad