Dinesh Kumar and Another v. State of U.P. and Another
Case brief
What is this about?
Allahabad HC anticipatory bail U/S 438 Cr.P.C. allowed 3.1.2025 (Vipin Chandra Dixit, J.) for Dinesh Kumar and Satyam yadav under newly added Section 354 IPC in Criminal Case No. 75 of 2021 (Case Crime No. 79 of 2020, Sections 323/504/506 IPC, P.S. Todifatehpur, Jhansi); earlier bail 16.08.2022 by JM Garautha; addition arose from prosecution's Section 216 Cr.P.C. application despite IO finding no Section 354 offence/no charge sheet; merits of addition expressly not opined; criteria of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 considered; release on personal bond with two sureties; conditions incl. trial-court attendance, no inducement/threat, no exit from India without permission, passport deposit with SSP/SP, cancellable on default; Neutral Citation 2025:AHC:1606.
What did the court decide?
Applicants Dinesh Kumar and Satyam yadav to be released on anticipatory bail during trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) availability before the trial court as and when required; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure to the trial court; (iii) no departure from India without prior permission of the Court, with passport, if held, deposited before the concerned S.S.P./S.P. In default of any condition, the court concerned is at liberty to cancel the anticipatory bail.