Allahabad High Court
VIVEK DUAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the accused, subject to conditions, as a prima facie case for bail existed.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused Vivek Dua, who was charged under Sections 3(5), 109(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 30 of the Arms Act. The applicant argued that he was falsely implicated, that the key witness PW1 Devansh Dua turned hostile, and that he had no prior criminal record or flight risk. The State opposed bail, citing the seriousness of the offences and potential for witness tampering. The Court, after noting the hostile witness, the severity of the alleged offences, and the possibility of evidence tampering, found that a prima facie case for bail existed without deciding the merits of the criminal case. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the charges and evidence.
- Whether there is a reasonable risk of the accused tampering with evidence or intimidating witnesses.
- Whether the accused poses a flight risk or has prior criminal antecedents.
Legislation cited
- Arms Act — s. 3, 30
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 109(1), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- prima facie case
- witness tampering
- arms act
- section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29094 of 2025
Vivek Dua
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhil Kumar Singh, Anand Kumar
Srivastava, Deepesh Kumar Ojha,
Kamlesh Kumar Dwivedi, Siddharth
Srivastava, Sunita Sharma, Swati
Agrawal, Vijay Chandra Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Ms. Swati Agrawal (Srivastava), learned counsel for the applicant,
Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused
the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of 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
the pendency of the trial before the Court below.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 12.4.2025. Learned counsel for the applicant
submits that statement of PW1 Devansh Dua (injured) has been recorded
before the Trial Court and during his examination before the Trial Court
PW1 has been declared hostile. He has also been cross examined by the
learned DGC, but he failed to support the case of prosecution. 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.
BAIL No. 29094 of 2025
2
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, in particular, the statement of
PW1 Devansh Dua (injured), 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, but
without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vivek Dua, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. 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.
(Ashutosh Srivastava,J.)
February 27, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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