Dharmendra Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Dharmendra Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail for applicant Dharmendra Kumar in Case Crime No. 32 of 2025: release on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurising/intimidating prosecution witnesses, and appearing before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Dharmendra Kumar, accused in Case Crime No. 32 of 2025 (Police Station Dakor, District Jalaun) and reported to have seven prior criminal cases, should be released on bail during the pendency of trial. +1 more

Court's answer

Bail not refused despite the applicant's criminal history of seven cases; the court invoked Prabhakar Tewari v. State of U.P. and another, (2020) 11 SCC 648, wherein the Supreme Court observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

Ratio / Principle

Bail application allowed without expressing any opinion on the merits.

Key takeaways

Applicant Dharmendra Kumar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.ratio¶9
Release made subject to conditions: (i) the applicant shall not tamper with the evidence during trial; (ii) shall not pressurise/intimidate the prosecution witnesses; (iii) shall appear before the trial court on the date fixed.ratio¶9
Breach of any of the above conditions shall be a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Bail allowed — Allahabad High Court (Krishan Pahal, J.), CRIMINAL MISC. BAIL APPLICATION No. 18806 of 2025, decided 21.7.2025 (Neutral Citation 2025:AHC:118534). Applicant Dharmendra Kumar granted bail in Case Crime No. 32 of 2025 (Police Station Dakor, District Jalaun), prosecuted under Sections 191(2), 126(2), 352, 351(3), 132, 121(1), 121(2), 324(2), 118(2) of BNS and Section 7 of the Criminal Law Amendment Act, during pendency of trial; the alleged offence, as argued by counsel, includes assaulting and beating a police party that had come to arrest him in another case. Applicant in jail since 09.04.2025; criminal history of seven cases stated to have been explained. Invoking Prabhakar Tewari v. State of U.P. and another, (2020) 11 SCC 648 — the Supreme Court's observation that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail — and noting the State's inability to dispute counsel's submissions, the court allowed bail without expressing any opinion on the merits, on a personal bond with two sureties each in the like amount, conditioned on: (i) no tampering with evidence; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation; observations made while granting bail not to affect the trial judge's independent opinion.

Neutral Citation No. - 2025:AHC:118534

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18806 of 2025

Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Chaturvedi Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Supplementary affidavit filed by learned counsel for the applicant and counter affidavit filed by learned A.G.A. today are taken on record.

Heard Sri Satya Prakash Chaturvedi, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 32 of 2025, under Sections 191(2), 126(2), 352, 351(3), 132, 121(1), 121(2), 324(2), 118(2) of BNS and Section 7 of Criminal Law Amendment Act, Police Station Dakor, District Jalaun, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. The allegation is that the applicant had assaulted and even beaten the police party, who had come to arrest him in another case.

The criminal history of seven cases assigned to the applicant has been explained. The applicant is languishing in jail since 09.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

In the case of Prabhakar Tewari Vs. State of U.P. and

another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

Without expressing any opinion on the merits, the bail application is allowed . Let the applicant - Dharmendra Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

i) The applicant shall not tamper with the evidence during trial.

ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 21.7.2025 Sumit S

(Justice Krishan Pahal)

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad