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Allahabad High Court

DHARMAVEERversusSTATE OF U.P.

Decided

Holding

The bail application is allowed.

Summary

The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Dharmaveer, who was arrested in connection with a case involving alleged theft of 3.893 kg of white metal and offences under Sections 112(2), 317(2), 317(5) of the B.N.S. and Sections 3 and 25 of the Arms Act. The applicant claimed innocence, alleged false implication, and pointed to his limited criminal history, while the State opposed bail citing the seriousness of the charges and the recovery of stolen property. After reviewing the record, the Court, without expressing an opinion on the merits, found the circumstances suitable for bail. It ordered the release of the applicant on a personal bond of Rs 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and clarified that it does not prejudice the trial court’s independent assessment of the case.

Issues considered

  • Whether bail should be granted under Section 483 of the B.N.S. given the nature of the offences and the applicant’s prior criminal history
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses
  • Whether the conditions imposed are sufficient to safeguard the trial process

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 483
  • B.N.S.
  • Arms Act
  • theft
  • white metal
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 10512 of 2026

Dharmaveer
                                                                 .....Applicant(s)
                                     Versus
State of U.P.
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                      :   Anand Kumar Tiwari
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 69
                HON'BLE JITENDRA KUMAR SINHA, J.

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

2. Heard Shri Anand Kumar Tiwari, learned counsel for the applicant, and
Shri O.P. Singh, learned AGA for the State-respondents and perused the
record.

3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No.32 of 2026, under Sections 112(2),
317(2), 317(5) of B.N.S. and Section 3/25 Arms Act, registered at Police
Station Dauki, District Agra, during pendency of the trial.

4. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the applicant is named in the first
information report and as per first information report, 3.893 Kg of stolen
white metal is said to have been recovered from the possession of the
applicant. It is further submitted that the applicant is languishing in jail since
15.02.2026 and the applicant is having criminal history of one case, in
which, he has applied for bail. undertakes that he will not misuse the liberty,
if granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.

5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

6. As per allegations in the first information report, 3.893 Kg of stolen white
metal is said to have been recovered from the possession of the applicant. It
is further submitted that the applicant is languishing in jail since 15.02.2026
and the applicant is having criminal history of one case, in which, he has
                                                                                               BAIL No. 10512 of 2026
                                                                     2

                                    applied for bail.

                                    7. Upon considering the totality of facts, nature and the evidence reflected
                                    from record and without expressing any opinion on merits of the case, I find
                                    it to be a fit case for bail. Hence, the present bail application is allowed.

                                    8. Let the applicant- Dharmaveer involved in the aforesaid case crime shall
                                    be released on bail on his furnishing a personal bond of Rs. 50,000/- with
                                    two sureties each in the like amount to the satisfaction of the Court
                                    concerned :-

                                    (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 not pressurize/intimidate the prosecution witnesses.

                                    (iii) The applicant shall remain present, in person, before the trial court on
                                    the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
                                    recording of statement under Section 351 of B.N.S.S.

                                    (iv) The applicant shall file an undertaking to the effect that he shall not seek
                                    any adjournment on the dates fixed for evidence when the witnesses are
                                    present in the trial court.

                                    (v) The applicant shall remain present before the trial court on each date
                                    fixed, either personally or through his counsel.

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

                                    10. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.

                                    April 20, 2026
                                    RKM
                                                                                       (Jitendra Kumar Sinha,J.)




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

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