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2025 DAILYLAW 99608 (ALL)

DINESH KUMAR v. STATE OF U.P. AND ANOTHER

NABAIL/7801/2025 · 2025-09-22

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7801 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 1017 of 2019, under Sections 147, 323, 326, 506 I.P.C., Police Station Kotwali Shahr, District Bijnor. 3. Learned counsel for the applicant submits that the applicants has been falsely implicated in the present case. After investigation final report in favour of the applicant was submitted by the Investigating Officer. Thereafter, a protest petition was filed, the police report was rejected and the applicant has been summoned by the court concerned. It is next contended that earlier with regard to an incident dated 13.09.2019 the mother of the informant had lodged a first information report on 04.11.2019, registered as Case Crime No. 356 of 2019, under Sections 147, 452, 323, 324, 325, 326, 307, 504, 506 I.P.C., Police Station Haldaur, District Bijnor. In the said first information report it was alleged that the informant (mother of the present informant) ruptured her ear drum and received several injuries. In view of the said averment, it is contended that the allegations in the present first information report that the injured (mother of the informant) ruptured her left ear drum on 23.09.2019 casts doubt on the prosecution case. Further, the medical report dated 26.09.2019 also records that no external injury was seen on the left ear. It is next contended that identically placed co-accused Brij Bala, Deepak Kumar, Puja Gaurav Chauhan and Amit Kumar have been granted anticipatory bail by this Court vide order dated 2.7.2025 passed in Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Criminal Misc. Anticipatory Bail Application No.4205 of 2025 (Brijbala and 4 others vs. State of U.P. and another). The applicant claims parity. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that earlier with regard to an incident dated 13.09.2019 the mother of the informant had lodged a first information report on 04.11.2019, wherein it was alleged that the informant (mother of the present informant) ruptured her ear drum and received several injuries; in view of the said averments the allegation in the present first information report that the injured (mother of the informant) ruptured her left ear drum on 23.09.2019 casts doubt on the prosecution case at this stage; the medical report dated 26.09.2019 also records that no external injury was seen on the left ear, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Dinesh Kumar, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passports, the same shall be deposited by him before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. NABAIL No. 7801 of 2025 2 9. The application stands disposed of. September 23, 2025 S.S. NABAIL No. 7801 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad