Dheeraj Kumar vs State of U.P.

Neutral Citation No. - 2025:AHC:69297

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3831 of 2025

Applicant :- Dheeraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard Shri Sudhir Kumar, learned counsel for the applicant and Shri Vijay Kumar, learned A.G.A.-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.153 of 2014, under Section 302, 201, 120-B I.P.C., Police Station Kankerkhera, District Meerut, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that in this case applicant was released on bail in the year 2014 and till the year 2016, he continuously attended the trial court but unfortunately, after that he had to go to Mumbai for his livelihood and however, he instructed his counsel with regard to present case but his counsel could not look after his case and when he came to know that coercive measures are being taken against him then he surrendered before the court concerned on 21.10.2024 and since then he is in jail.

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He further submits that applicant did not intentionally avoide the court proceedings and only under compelling circumstances, he

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could not attend the court.

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He further submits that applicant has given an undertaking that if he will be released on bail then he will regularly attend the trial court on each and every date either in person or through his counsel and he will fully co-operate with the trial.

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He further submits that applicant is not having any criminal history to his credit and he is in jail in the present matter since 21.10.2024 i.e. for last more than six months, therefore, considering the facts and circumstance of the case, applicant should be released on bail.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for both the parties and perused the record of the case.

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However, it reflects, after released on bail in the present matter applicant appeared before the trial court after eight years but he is in jail in the present matter since 21.10.2024 i.e. for last more than six months and learned counsel for the applicant has given an undertaking that if applicant will be released on bail then he will regularly attend the trial court on each and every date fixed by the trial court either in person or through his counsel and he will fully co-operate with the trial. Further, applicant is not having any criminal history to his credit. Therefore, in my view, he is entitled to be enlarged on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Dheeraj Kumar , be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 1.5.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Dheeraj Kumar v. State of U.P.

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Dheeraj Kumar v. State of U.P.

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