Allowed

Sagar Diwakar v. State of U.P.

Allahabad HC8 Oct 2025BAIL/32997/2025

Case brief

AI extract

What is this about?

Bail application under BNS offences arising from crime registered at P.S. Panki, Mainpuri; applicant sought parity with co-accused already released on bail. Court granted bail on parity, imposing conditions against tampering and requiring cooperation in trial.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions including no tampering and cooperation in trial.

Sagar Diwakar vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32997 of 2025

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Sagar Diwakar

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.....Applicant(s)

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Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Sanjay Srivastava Counsel for Opposite Party(s) : G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Sanjay Srivastava, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. and perused the record.

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The instant application has been filed to enlarge the applicant on bail in case crime No. 302 of 2025, under Sections 140(1), 115(2), 351(3), 191(2), 191(3), 190, 61(2) B.N.S., P.S. Panki, district Mainpuri.

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Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R., however, subsequently his name came up on the basis of confession during arrest of the applicant along with other coaccused persons. It is further submitted that all the injuries are simple in nature and allegation has been against six person. It is further submitted that co-accused Pranjal Gautam, Harshit Singh, Nirmal Batham and Himanshu have already been released on bail by the coordinate Bench of this Court in Bail Applications No. 31839 of 2025, 31923 of 2025, 33289 of 2025 and 33206 of 2025, respectively. Therefore, the applicant is also entitled to be enlarged on bail on the ground of parity with the aforementioned co-accused persons. It is further submitted that the applicant has explained his criminal history of one case in the accompanying affidavit and he is languishing in jail 9.8.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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BAIL No. 32997 of 2025

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, this court is of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity with the aforesaid co-accused persons.

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Let the applicant- Sagar Diwakar , involved in the aforementioned 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:-

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i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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The Registrar (Compliance) of this Court is directed to send a copy of

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BAIL No. 32997 of 2025

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this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023; гeported in (2024) 10 SCC 685.

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October 27, 2025 Vandana

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Sagar Diwakar v. State of U.P.

Case brief

What is this about?

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Sagar Diwakar v. State of U.P.

Case brief

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