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2026 DAILYLAW 71 (ALL)

PRAVESH DHAMA v. STATE OF U.P.

BAIL/4499/2026 · 2026-03-31

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4499 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused-applicant/ Pravesh Dhama, for grant of bail, in Case Crime No. 381 of 2025, under Sections 109(1) and 61(2) of Bhartiya Nyay Sanhita, 2023, Police Station Binauli, District Baghpat, during pendency of trial. 3. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is alleged in the first information report of this case that, on 24.11.2025 at about 7.00 PM, the applicant has come to the fields and has taken the nephew of the informant with him and when the nephew of the informant has not reached at the house back, they searched him and found him unconscious, covered in blood and police has also reached there. After gaining consciousness, the injured- nephew of the informant, namely, Tarang Dhama has stated that applicant and other named co-accused persons have assaulted him, by repeatedly hitting by spade (fawda) on his head, with the intention to kill him and police has admitted the injured to the CHC Binauli, wherefrom, the injured was referred. Learned counsel for the applicant further submits that, the entire prosecution story is false and baseless, as nothing incriminating has been recovered either from the possession of the accused-applicant nor upon his pointing out. The injuries caused to the injured are not of such nature, which would have caused the Versus Counsel for Applicant(s) : Rajesh Kumar Kanojia Counsel for Opposite Party(s) : Mayank Yadav, G.A. Pravesh Dhama .....Applicant(s) State of U.P. .....Opposite Party(s) death of the injured. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter since 26.11.2025, without having any criminal antecedents and there is no likelihood that the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for bail of the applicant on the ground that, the injuries caused by the applicant are grievous in nature, therefore, the applicant is not entitled to be released on bail. 5. Having considered the rival contentions of the parties and having perused the record, it is evident that, injured, after gaining consciousness, himself has named the applicant to cause injuries to him; MRI Scan report of the injured dated 25.11.2025 shows mild injuries related swelling in back muscles and mild disc bulged and as per CT Scan report of the injured dated 27.11.2025, Avulsion fracture of right parietal bone (along postero-superior aspect in parasagittal location), linear un-displaced fracture of right parietal bone with thinning of cater calvarial table and Overlying skin laceration, skin swelling with hematoma and mild soft tissue emphysema are noted. Thus, having regard to the evidence available on record against the applicant and his complicity in the crime, I do not find any good ground to release the applicant on bail. Hence, the bail application moved on behalf of applicant - Pravesh Dhama is hereby rejected. 6. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 1, 2026 Gurpreet Singh BAIL No. 4499 of 2026 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad