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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Dushyant during trial in Case Crime No. 638 of 2025 on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (i) no inducement, threat or promise to dissuade disclosure or tamper with evidence; (ii) sincere cooperation in trial/investigation without adjournments; (iii) no criminal activity after release; (iv) attendance per the bond; breach of conditions is a ground for cancellation. Identity, status and residence proof of applicant and sureties to be verified before bonds accepted; release permitted on a downloaded, counsel-verified copy of the order with certified copy to be filed within 15 days; release order to be sent via BOMS and a copy forwarded to the applicant through the Jail Superintendent via e-mail/e-prison portal.

Issue for consideration

Whether the applicant Dushyant is entitled to be enlarged on bail during the trial in Case Crime No. 638 of 2025 (Sections 191(2), 191(3), 109(1) B.N.S.), inter alia on the ground of parity with co-accused Lavi @ Udit Sharma.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel, nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

Applicant Dushyant 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, subject to the enumerated conditions.

Key takeaways

Bail conditions imposed, including that the applicant shall not directly or indirectly make any inducement, threat or promise to dissuade disclosure or tamper with evidence (i), shall cooperate in trial/investigation without adjournments (ii), shall not indulge in criminal activity (iii), and shall attend per the bond (iv).ratio¶16
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶20
Identity, status and residence proof of the applicant and sureties to be verified by the court concerned before bonds are accepted; release permitted on the basis of a downloaded copy of the order from the official website of High Court Allahabad, verified by concerned counsel, with certified copy to be filed within 15 days.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.; order dated November 6, 2025) granted bail to applicant Dushyant during trial in Case Crime No. 638 of 2025, Police Station Khurja Nagar, District Bulandshahar, under Sections 191(2), 191(3), 109(1) B.N.S. Considering the facts and circumstances, submissions of counsel (including parity with co-accused Lavi @ Udit Sharma granted bail by a coordinate Bench, injury-causing role assigned to one Kushdill, one-case criminal history, and custody since 15.07.2025) and without expressing any opinion on the merits, the court found the applicant entitled to enlargement on bail on a personal bond with two sureties each in the like amount, imposing standard anti-tampering, cooperation, no-criminal-activity and attendance conditions, breach being a ground for cancellation. Release may proceed on a downloaded, counsel-verified copy with the certified copy filed within 15 days; the release order is to be transmitted via Bail Order Management System (BOMS) and a copy sent to the applicant through the Jail Superintendent via e-mail or e-prison portal in compliance with the Apex Court order in Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021, (2024) 10 SCC 685.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 38619 of 2025

Dushyant

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Desh Ratan Chaudhary, Siddharth Chaudhary Counsel for Opposite Party(s) : G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 638 of 2025, under Sections 191(2), 191(3), 109(1) B.N.S., Police Station- Khurja Nagar, District Bulandshahar.

Contention of learned counsel for the applicant is that general allegations have been made against all the accused persons including the applicant. It is further contended that co-accused Lavi @ Udit Sharma, having similar role to that of the applicant has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.29.09.2025 vide order dated 26.09.2025. Therefore, the applicant is entitled to be released on bail on the ground of parity. He further submitted that specific role for causing injury has been assigned to one Kushdill and not to the applicant. The applicant has explained the criminal history of one case and he is languishing in jail since 15.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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

BAIL No. 38619 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, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Dushyant 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:-

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.

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

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

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

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

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

It is made clear that 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.

It is 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.

BAIL No. 38619 of 2025

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via 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 reported in (2024) 10 SCC 685 .

(Arun Kumar Singh Deshwal,J.)

November 6, 2025 A.Kr.

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