Dinesh Kumar Alias Sadhu Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Dinesh Kumar Alias Sadhu Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail of accused-applicant Dinesh Kumar @ Sadhu on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with evidence; (2) not to indulge in any criminal activity; (3) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (4) regular appearance on each and every date fixed by the trial court unless personal appearance is exempted through counsel; breach of any condition entitles the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Dinesh Kumar alias Sadhu, booked in Case Crime No. 464 of 2024 under Sections 191(2), 191(3), 352, 115(2) and 103(1) of B.N.S., Police Station Jhunsi, District Prayagraj, and held in custody since 13.11.2024, is entitled to enlargement on bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, given that no specific role was assigned to him and only general allegations were levelled against all the accused.

Court's answer

Considering all the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but expressly without commenting on the merits of the case, the court concluded that a case for bail is made out; the Learned AGA had vehemently opposed but could not dispute that no specific role was assigned to any of the applicants.

Ratio / Principle

The bail application of accused-applicant Dinesh Kumar @ Sadhu was allowed, with direction that he be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release on bail was made subject to four conditions (no tampering with evidence; no indulgence in criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in the trial; regular appearance on each date fixed by the trial court unless exemption is granted through counsel), and in the event of breach of any condition the court below is at liberty to proceed to cancel the bail.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 66), Hon'ble Ashutosh Srivastava, J., order dated 3.7.2025 (Neutral Citation 2025:AHC:103294). Bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by Dinesh Kumar alias Sadhu, in custody since 13.11.2024, in Case Crime No. 464 of 2024 under Sections 191(2), 191(3), 352, 115(2) and 103(1) of B.N.S., Police Station Jhunsi, District Prayagraj, arising from an alleged group assault in which the first informant, his sons Aditya Verma and Arya Verma and his wife were beaten with Rod, Banka, Lathi Danda and sharp-edged weapons; the injured were taken to Bani Kotwa Health Centre where Aditya Verma was declared dead, the post-mortem showing anti mortem head injury as cause of death. Counsel argued the applicant was innocent and falsely implicated; the first informant's statement assigned the blow of Danda on the deceased's head specifically to co-accused Vimlesh Verma, only a general role to the remaining accused, whom the mother of the deceased likewise did not distinguish; the applicant had no criminal antecedents, the one case flagged by the A.G.A. being explained in a supplementary affidavit taken on record. The Learned A.G.A. opposed but could not dispute that no specific role was assigned to the applicant. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, without commenting on merits, the court allowed bail: release on a personal bond with two reliable sureties each in the like amount, conditioned on non-tampering, no criminal activity, no intimidation of prosecution witnesses, cooperation and regular trial attendance; the court below may cancel bail on breach of any condition.

Neutral Citation No. - 2025:AHC:103294

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21099 of 2025

Applicant :- Dinesh Kumar Alias Sadhu Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Shanker,Sanjay Pathak Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Supplementary affidavit filed today is taken on record.

Heard Shri Sanjay Pathak, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. representing the State respondents.

This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Dinesh Kumar @ Sadhu, seeking enlargement on bail in Case Crime No. 464 of 2024, under Sections-191 (2), 191 (3), 352, 115 (2), 103 (1) of B.N.S., Police Station-Jhunsi, DistrictPrayagraj.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.11.2024. First Information report has been lodged by the informant with the allegation that on the date of incident all the accused persons including the applicant have severely beaten the first informant, his two sons namely Aditya Verma, Arya Verma and his wife by Rod, Banka, Lathi Danda and sharped edged weapons. Thereafter all the injured were taken to Bani Kotwa, Health Centre, where the injured Aditya Verma, was declared dead and treatment of other injured were going on. Learned counsel for the applicant further submits that in the Post Mortem Report the cause of death of the deceased has been shown as anti mortem head injury. Learned counsel for the applicant further submits that in the First Information Report only general allegations have been levelled against all the accused persons including the applicant. First Informant in his statement has assigned the role of giving blow of Danda over the head of the deceased to coaccused Vimlesh Verma and general role has been assigned to all other accused persons. Mother of the deceased has also reiterated the version of the first informant in her statement. Learned counsel for the applicant further submits that specific role of assault by Danda, over the head of the deceased, has been assigned to Vimlesh Verma. No specific role has been has been assigned to the applicant. Learned counsel for the applicant submits that the applicant has no criminal antecedents. Learned A.G.A. on previous occassion has pointed out criminal history of one case against the applicant, which has not related to the applicant, and

the same has been explained in the supplementary affidavit filed today, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the fact that no specific role has been assigned to any of the applicant.

Considering all those 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.

Accordingly, the bail application is allowed .

Let the accused-applicants, Dinesh Kumar @ Sadhu , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and cooperate in the trial.

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.

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 :- 3.7.2025 Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad