PRAMODversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34504 of 2026

Pramod
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Ghanshyam Krishna Dwivedi, Vinod
                                Singh
Counsel for Opposite Party(s) : G.A., Rahul Singh Dahiya

Court No. - 72
                 HON'BLE VIVEK KUMAR SINGH, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Vinod Singh, learned counsel for the applicant, Sri Rahul Singh
Dahiya, learned counsel for the informant and the learned A.G.A. for the
State of U.P.

3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 245 of 2026, under Sections 109(1), 191(2),
191(3), 351(3), 352, 115(2) of B.N.S., Police Station- Kakore, District-
Bulandsahar.

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case.
There are general and omnibus allegations against all the accused persons,
including the applicant, although one of the five injured persons has
sustained grievous injuries as his parietal bone was found fractured. No
overt act has been assigned to any of the accused persons in particular. It
is further submitted that the prosecution alleged that recovery of a bamboo
stick was made by the police during course of investigation and thereafter a
recovery memo was prepared. Identically situated co-accused Rahul has
been enlarged on bail by a co-ordinate Bench of this Court vide order dated
03.09.2026 passed in Crl. Misc. Bail Application No. 31152 of 2026. The
criminal history of two cases of the applicant has been well explained in
paragraph nos. 4 and 5 of the supplementary affidavit. Learned counsel for
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applicant further submits that applicant has been languishing in jail since
06.07.2026 and in case, he is released on bail, he will not misuse the liberty
of bail and will cooperate in trial.

5. Per contra, learned A.G.A. as well as learned counsel for the informant
have opposed the prayer for grant of bail to the applicant and submitted that
there is ample evidence against the applicant regarding his involvement in
the offence, therefore, he is not entitled to be released on bail.

6. I have considered the rival submissions of the parties and perused the
record.

7. Having considered the rival submissions advanced by learned counsel for
the parties, the nature of accusations, the evidence brought on record, the
period of incarceration undergone by the applicant, explanation of criminal
antecedents, and without expressing any opinion on the merits of the case,
this Court finds that the applicant has made out a case for grant of bail.

8. Accordingly, the bail application is allowed.

9. Let the applicant- Pramod who is involved in the aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
following conditions. Further, before issuing the release order, the sureties
be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the date fixed for evidence when the witnesses are
present in Court. In case of default of this condition, it shall be open for the
Trial Court to treat it as abuse of liberty of bail and pass orders in
accordance with law.

(ii) The applicant shall remain present before the Trial Court on each date
fixed, either personally or through his counsel. In case of his absence,
without sufficient cause, the Trial Court may proceed against him under
Section 229-A IPC/ 269 B.N.S.

(iii) In case, the applicant misuses the liberty of bail during trial and in order
to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S.,
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                                    may be issued and if applicant fails to appear before the Court on the date
                                    fixed in such proclamation, then, the Trial Court shall initiate proceedings
                                    against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S.

                                    (iv) The applicant shall remain present, in person, before the Trial Court on
                                    dates fixed for (1) opening of the case, (2) framing of charge and (3)
                                    recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the
                                    opinion of the Trial Court absence of the applicant is deliberate or without
                                    sufficient cause, then it shall be open for the Trial Court to treat such default
                                    as abuse of liberty of bail and proceed against him in accordance with law.

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

                                    11. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                          (Vivek Kumar Singh,J.)
                                    September 28, 2026
                                    A.P. Pandey




Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad