Vivek Dua Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

Vivek Dua Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Vivek Dua to be released on bail in Case Crime No. 102 of 2025 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions regarding non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses, cooperation in trial and regular appearance before the trial court.

Issue for consideration

Whether accused-applicant Vivek Dua should be enlarged on bail in Case Crime No. 102 of 2025 (Sections 3 (5), 109 (1), 351 (3) BNS, 2023 and Section 3/30 Arms Act, P.S. Dhoomanganj, District Prayagraj) during the pendency of trial before the court below.

Court's answer

Considering the facts and circumstances, in particular the statement of PW1 Devansh Dua (injured), 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 view without commenting on merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant 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.

Key takeaways

Release is subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, regular appearance before the trial court); on breach of any condition, the court below is at liberty to cancel bail.ratio¶24

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Vivek Dua seeking enlargement on bail in Case Crime No. 102 of 2025, under Sections 3 (5), 109 (1), 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/30 of Arms Act, Police Station Dhoomanganj, District Prayagraj, during pendency of trial. Counsel for the applicant contended that the applicant was innocent and falsely implicated, was languishing in jail since 12.4.2025, had no criminal antecedent, and that PW1 Devansh Dua (injured), though cross-examined by the learned DGC, had been declared hostile before the Trial Court and failed to support the prosecution. Learned AGA opposed the prayer. Holding that, in particular in view of the statement of the injured PW1, the nature of accusations, severity of punishment, nature of supporting evidence and apprehension of tampering, and prima facie without commenting on merits, a case for bail was made out, the High Court (Ashutosh Srivastava, J.) allowed the application and directed release on a personal bond with two reliable sureties each, in the like amount, subject to conditions including non-tampering with evidence, no criminal activity, non-intimidation of prosecution witnesses and regular appearance before the trial court, with liberty to the court below to cancel bail on breach. Decided February 27, 2026.