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

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

What the court decided

AI extract

Outcome

Enlargement on bail: release of accused-applicant Dharvesh Kumar on execution of a personal bond and two reliable sureties each in like amount, to the satisfaction of the court concerned, subject to conditions of no evidence-tampering, no criminal activity, no pressurising/intimidating prosecution witnesses with cooperation in trial, and regular appearance on trial-court dates unless exempted through counsel; breach of any condition entitles the court below to proceed to cancel the bail.

Issue for consideration

Whether the Criminal Misc. Bail Application moved by accused-applicant Dharvesh Kumar for enlargement on bail in Case Crime No. 448 of 2025 (P.S. Sector 39 Noida, District Gautam Buddh Nagar), charging offences under Sections 319(2), 318(4), 336(3), 340(2), 61(2) BNS 2023 and Section 3/10/11 U.P. Public Examination Act, 2024, should be allowed on the submissions advanced by counsel and the court's assessment of the accusations, evidence and primafacie case.

Court's answer

Considering all facts and circumstances — nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the primafacie case — but expressly without commenting on the merit of the case, the court concluded that a case for bail is made out.

Ratio / Principle

On the strength of that conclusion, the bail application is allowed.

Key takeaways

The accused-applicant Dharvesh Kumar, involved in the above case crime number, is to 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, subject to four conditions: (1) he will not tamper with the evidence; (2) he will not indulge in any criminal activity; (3) he will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial; (4) he 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.ratio¶16
In the event of breach of any of the aforesaid bail conditions, the court below is vested with liberty to proceed to cancel the applicant's bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 68, bench of Hon'ble Ashutosh Srivastava, J.; decision dated November 21, 2025 on Criminal Misc. Bail Application No. - 37410 of 2025 (filing date not stated). Applicant Dharvesh Kumar sought bail in Case Crime No. 448 of 2025, P.S. Sector 39, Noida, District Gautam Buddh Nagar, charged under Sections 319(2), 318(4), 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/10/11 of the U.P. Public Examination Act, 2024 (examination-related offences per the cited statutes and counsel's denial that he hired a substitute examinee). Defence submissions: innocence/false implication; absence from the exam owing to high fever; not arrested from the spot; nothing incriminating recovered; no independent witness; chargesheet already filed obviating custodial interrogation; investigation conducted by a Police Officer although mandated to a DSP/Additional Police Commissioner-rank officer; custody since the printed date '09.p09.2025' (OCR-noisy, left unnormalised); no criminal antecedents. Learned AGA/State Law Officer (Sri Shashank Singh) opposed but did not dispute these submissions. Weighing nature of accusations, severity of punishment on conviction, supporting evidence, witness-tampering apprehension and the primafacie case without commenting on merits, the court found a case for bail and ALLOWED the application: release on a personal bond with two reliable like-amount sureties to the satisfaction of the court concerned, subject to four conduct conditions (no evidence-tampering; no criminal activity; no pressure/intimidation of prosecution witnesses, with cooperation in trial; regular appearance on fixed dates unless exempted through counsel); on breach, the court below may proceed to cancel bail. No precedent cited anywhere in the judgment; bond/surety quantum unstated ('like amount'), hence no monetary figure extracted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37410 of 2025

Dharvesh Kumar

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

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Shashank Singh, learned State Law Officer for the State-Respondent and perused the record.

The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 448 of 2025, under Sections 319(2), 318(4), 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Section 3/10/11 of U.P. Public Examination Act, 2024, Police Station Sector 39 Noida, District Gautam Buddh Nagar.

Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that due to high fever the applicant could not appear in the examination on the alleged date as also he had not hired another person to appear on his behalf to appear in the said examination. He submits that the applicant has not been arrested from the spot. He submits that nothing incriminating material has been recovered from the possession of the applicant. He submits that there is no independent witness of the alleged incident. He submits that in the present case, chargesheet has been filed and the applicant is not required for any custodial interrogation. He further submits that the investigation of the aforesaid FIR was to be conducted by an Officer in the rank of Deputy Superintendent of Police or Additional Police Commissioner whereas the investigation of the case has been conducted by a Police Officer as such faulty investigation has been made by the Police Authority. The applicant is languishing in jail since

BAIL No. 37410 of 2025

2

09.p09.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for 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 primafacie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Dharvesh Kumar, 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 co-operate 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.

November 21, 2025

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad