Allahabad High Court
DHARMENDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail is granted to Dharmendra Kumar as the charge is limited to Section 351(2) BNS and there is no evidence of sexual assault.
Summary
The Allahabad High Court considered a bail application filed by Dharmendra Kumar, who was arrested in Crime No. 134 of 2024 under Sections 137(2), 87 and 351(2) of the BNS. The applicant claimed he was falsely implicated, asserting no allegation of abduction or sexual assault and pointing out that the co‑accused Ganesh had already been granted regular bail. The State opposed bail but could not refute the applicant’s contentions and noted that the charge sheet now only charges the applicant under Section 351(2) BNS, which carries a maximum imprisonment of seven years. The Court found that, prima facie, the applicant’s case for bail was made out, especially given the absence of any allegation of sexual assault and his clean antecedent record. Accordingly, the bail application was allowed subject to personal bond, sureties and conditions such as non‑tampering with evidence and regular appearance in court.
Issues considered
- Whether bail should be granted to the applicant when the charge sheet only includes Section 351(2) BNS.
- Whether the applicant’s alleged involvement in sexual assault is substantiated.
- Whether the granting of bail to the co‑accused Ganesh influences the applicant’s bail eligibility.
- Whether the applicant’s lack of prior criminal antecedents warrants bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 351
- false implication
- no criminal antecedents
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16446 of 2026
Dharmendra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 134 of 2024, under Sections 137(2),
87, 351(2) of BNS, Police Station- Bagwala, District- Etah.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. There is no allegation against
the applicant of abduction of the victim, nor of making any sexual assault
on her. The Learned counsel for the applicant further contends that the co-
accused Ganesh, who is said to be primary accused of the case, has been
granted regular bail by this Court vide order dated 28.2.2025, passed in
Criminal Misc. Bail Application No. - 42873 of 2024. Perusal of the
statements of the victim, recorded under Sections 180 and 183 BNSS,
would indicate that the victim had accompanied the co-accused Ganesh of
her own free will. He further contends that the applicant has no criminal
antecedents and he is in jail since 12.4.2026.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, could not dispute the contentions raised by learned
counsel for the applicant. Learned A.G.A. has pointed out that now a
charge sheet has been filed against the applicant only under Section
351(2) BNS.
BAIL No. 16446 of 2026
2
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. Taking into consideration the fact that the applicant has not been given
any role of sexually assaulting the victim and also the fact that now a
charge sheet has been submitted under Section 351(2) BNS alone, which
is punishable with a maximum imprisonment of seven years, prima facie,
a case for bail is made out.
7. The bail application is allowed.
8. 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:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
9. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded 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.
11. It is further 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. 16446 of 2026
3
12. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 14, 2026
Vandana
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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