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

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Allahabad HC
2025
Dharmendra Kumar vs State of U.P.Dharmendra Kumar v. State of U.P.

Allowed¶13

Dharmendra Kumar v. State of U.P.

Allahabad HC19 Mar 2025BAIL/9068/2025

Case brief

AI extract

What is this about?

Bail granted; CRIMINAL MISC. BAIL APPLICATION No. 9068 of 2025; Allahabad High Court; Ashutosh Srivastava, J.; decided 19.3.2025; neutral citation 2025:AHC:39296; applicant Dharmendra Kumar; opposite party State of U.P.; counsel Sunit Kumar, Yatish Kumar Dwivedi (applicant), G.A. and Purshottam Maurya AGA (State); Section 483 Bhartiya Nagrik Suraksha Sanhita 2023 bail provision; Case Crime No. 186 of 2024; Sections 137(2), 87 B.N.S. (enticement/kidnapping-related provisions as cited); FIR 25.12.2024; Police Station Ait; District Jalaun; victim recovered from Balaji Complex; victim statements under Section 180 and Section 183 B.N.S.S. contradictory (voluntary departure vs blackmailing allegation); medical examination declined by victim; no criminal antecedents acknowledged by AGA; release on personal bond and two reliable sureties; bail conditions including cancellation on breach; merits expressly not commented upon.

What did the court decide?

Applicant Dharmendra Kumar ordered to be released on bail in Case Crime No. 186 of 2024 (P.S. Ait, District Jalaun) upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with trial co-operation, and regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition. ¶13

Why is it important?

Weighing the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, and expressly without commenting on the merit of the case, the Court held that a case for bail is made out. ¶11

What the court decided

AI extract

Outcome

Applicant Dharmendra Kumar ordered to be released on bail in Case Crime No. 186 of 2024 (P.S. Ait, District Jalaun) upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with trial co-operation, and regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant, Dharmendra Kumar, accused in Case Crime No. 186 of 2024 under Sections 137 (2) and 87 B.N.S. (Police Station Ait, District Jalaun), should be enlarged on bail.

Court's answer

Weighing the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, and expressly without commenting on the merit of the case, the Court held that a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Dharmendra Kumar is to 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.ratio¶13
Release is subject to conditions: the applicant shall not tamper with evidence, shall not indulge in criminal activity, shall not pressurize/intimidate prosecution witnesses and shall co-operate in the trial and appear regularly before the trial court unless exempted; on breach of any condition, the court below is at liberty to proceed to cancel his bail.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.; Neutral Citation 2025:AHC:39296; Order Date 19.3.2025) allowed Criminal Misc. Bail Application No. 9068 of 2025 moved by Dharmendra Kumar under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, seeking release in Case Crime No. 186 of 2024, under Sections 137 (2), 87 B.N.S., Police Station Ait, District-Jalaun, arising from an FIR lodged on 25.12.2024 against three persons alleging the informant's niece was enticed away. Counsel argued the applicant's innocence: the victim, recovered from Balaji Complex, was not recovered from the applicant's possession; her Section 180 B.N.S.S. statement said she left home voluntarily and went with the applicant at her sweet will, while her Section 183 statement introduced an allegation of blackmailing, showing contradiction; she declined medical examination; and the applicant had no criminal antecedents, which the AGA, while opposing bail, did not dispute. Weighing the nature of accusations, severity of punishment, nature of supporting evidence, apprehension of witness-tampering and prima facie case, expressly without commenting on the merits, the Court held a case for bail existed and directed release on a personal bond and two reliable sureties each, in the like amount, subject to conditions of non-tampering, no criminal activity, no pressurising/intimidating of witnesses, regular trial-court attendance, and liberty to the court below to cancel bail on breach.

A

Neutral Citation No. - 2025:AHC:39296

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9068 of 2025

Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accusedapplicant, Dharmendra Kumar, seeking enlargement on bail in Case Crime No. 186 of 2024, under Sections 137 (2), 87 B.N.S. Police Station Ait, District-Jalaun.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 25.12.2024 against three persons including the applicant with the allegation that neice of the informant was enticed away by the applicant and two other persons. The victim was recovered from Balaji Complex. He further submits that neither the victim was recovered from the possession of the applicant nor applicant has any concern with the incident in question. The victim in her statement under Section 180 B.N.S.S. has said that she herself has left her house and the applicant met her in the way and she went with the applicant at her sweet will. The victim in her statement under Section 183 has modified the story with the allegation of blackmailing her by the applicant. There is contradiction in her statement under Sections 180 and 183 B.N.S.S. The victim herself has denied from her medical examination. 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, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.

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 prima facie 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, Dharmendra 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.

Order Date :- 19.3.2025

Deepak/

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant, Dharmendra Kumar, accused in Case Crime No. 186 of 2024 under Sections 137 (2) and 87 B.N.S. (Police Station Ait, District Jalaun), should be enlarged on bail.¶7
The court held
Weighing the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, and expressly without commenting on the merit of the case, the Court held that a case for bail is made out.ratio¶11

Statutes considered

5 provisions across 2 enactments

AI extract

Bhartiya Nagrik Suraksha Sanhita, 2023483¶7 180¶8 183¶8
Bharatiya Nyaya Sanhita137 (2)¶7 87¶7

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR lodged on 25.12.2024 against three persons including the applicant, alleging the informant's niece was enticed away by the applicant and two others; registered as Case Crime No. 186 of 2024, P.S. Ait, District Jalaun.¶8
Prior proceeding
Per counsel's argument, the victim was recovered from Balaji Complex, allegedly not from the applicant's possession.¶8
Prior proceeding
Victim's statement under Section 180 B.N.S.S.: she stated she left her house of her own accord, met the applicant on the way and accompanied him willingly.¶8
Prior proceeding
Victim's subsequent statement under Section 183 modified the account, alleging blackmailing by the applicant; counsel flagged contradiction between the two statements.¶8
Prior proceeding
Victim declined medical examination (as submitted by counsel for the applicant).¶8

Parties & counsel

AI extract

applicant
Dharmendra Kumar¶7
Sunit Kumar, Yatish Kumar Dwivedi
respondent
State of U.P.¶6
G.A., Purshottam Maurya

Coram

AI extract

Ashutosh Srivastavaauthor¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 19 Mar 2025 · March
Registered: 12 Mar 2025
Case no.: BAIL/9068/2025
CNR: UPHC011201192025
Bench: Ashutosh Srivastava
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

2 orders share this CNR

18 Mar 2025Order 1
19 Mar 2025Order 2 — this page · Ashutosh Srivastava

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Cite this judgement

Dharmendra Kumar v. State of U.P., BAIL/9068/2025 (ALL), decided on 19 March 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes5

Bhartiya Nagrik Suraksha Sanhita, 2023483 · 180 · 183
Bharatiya Nyaya Sanhita137 (2) · 87

View all statutes

Procedural history5

FIR lodged on 25.12.2024 against three persons including the applicant, alleging the informant's niece was enticed away by the applicant and two others; registered as Case Crime No. 186 of 2024, P.S. Ait, District Jalaun.
Per counsel's argument, the victim was recovered from Balaji Complex, allegedly not from the applicant's possession.

View full history

Bench / Coram

Ashutosh Srivastava

Parties & counsel