Allowed

Dharmendra Singh and 2 Others v. State of U.P.

Allahabad HC7 Apr 2025BAIL/4685/2025

Case brief

AI extract

What is this about?

Bail application by three accused in a BNS assault case under Sections 191(2), 333, 115(2), 118(1) and 109. Counsel argued no specific role was attributed to them and trial would be delayed; the State opposed. The court granted bail on furnishing personal bond and two sureties each, subject to conditions against tampering with evidence and criminal activity.

What did the court decide?

Applicants Dharmendra Singh, Omendra Singh and Om Prakash released on bail on personal bond and two sureties each, subject to stated conditions.

Dharmendra Singh and 2 Others vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:49750

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4685 of 2025

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Applicant :- Dharmendra Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicants Dharmendra Singh, Omendra Singh & Om Prakash with a prayer to release them on bail in Case Crime No.717 of 2024, under Sections 191(2), 333, 115(2), 118(1) & 109 B.N.S., P.S. Fareedpur, District Bareilly during pendency of the trial.

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It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants next submits that eight persons are nominated in the FIR but allegation of assault has been given to co-accused Jagpal and Ajay Pal. Statement of injured witnesses are attributing role to co-accused Jagpal and Ajay Pal. Two persons have received injures. Applicants having no concern with the alleged incident and no role has been assigned to the applicants. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicants are languishing in jail since 23.01.2025 and in case they are enlarged on bail they will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicants.

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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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Dharmendra Singh, Omendra Singh & Om Prakash, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two

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sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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

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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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Order Date :- 7.4.2025 SKD

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

Dharmendra Singh and 2 Others v. State of U.P.

Case brief

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Dharmendra Singh and 2 Others v. State of U.P.

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