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Allahabad High Court

PRAVESH DHAMAversusSTATE OF U.P.

Decided

Holding

Bail was denied because the evidence, including the victim’s identification and medical reports, indicated the accused’s complicity and the seriousness of the injuries.

Summary

The High Court of Allahabad considered a bail application filed by Pravesh Dhama, accused in a criminal case under Sections 109(1) and 61(2) of the Bhartiya Nyay Sanhita, 2023. The applicant claimed he was falsely implicated and that the injuries to the complainant were not fatal, arguing he had no prior criminal record and would not flee. The State opposed bail, contending the injuries were grievous. The court examined the victim’s statements and medical reports showing serious head injuries, including fractures and lacerations, and concluded that the evidence indicated the applicant’s complicity. Consequently, the court found no sufficient ground to grant bail and rejected the application. The judgment was limited to the bail matter and did not address the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted to the accused under Sections 109(1) and 61(2) of the Bhartiya Nyay Sanhita, 2023 in view of the nature of the injuries alleged.
  • Whether the accused poses a risk of fleeing or tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • grievous injury
  • Section 109
  • Section 61
  • Bhartiya Nyay Sanhita
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 4499 of 2026

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

Counsel for Applicant(s)                    :   Rajesh Kumar Kanojia
Counsel for Opposite Party(s)               :   Mayank Yadav, G.A.

Court No. - 70
                     HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.

2. This bail application has been moved on behalf of the accused-applicant/
Pravesh Dhama, for grant of bail, in Case Crime No. 381 of 2025, under
Sections 109(1) and 61(2) of Bhartiya Nyay Sanhita, 2023, Police Station
Binauli, District Baghpat, during pendency of trial.

3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
alleged in the first information report of this case that, on 24.11.2025 at
about 7.00 PM, the applicant has come to the fields and has taken the
nephew of the informant with him and when the nephew of the informant
has not reached at the house back, they searched him and found him
unconscious, covered in blood and police has also reached there. After
gaining consciousness, the injured- nephew of the informant, namely,
Tarang Dhama has stated that applicant and other named co-accused persons
have assaulted him, by repeatedly hitting by spade (fawda) on his head, with
the intention to kill him and police has admitted the injured to the CHC
Binauli, wherefrom, the injured was referred. Learned counsel for the
applicant further submits that, the entire prosecution story is false and
baseless, as nothing incriminating has been recovered either from the
possession of the accused-applicant nor upon his pointing out. The injuries
caused to the injured are not of such nature, which would have caused the
                                                                                                BAIL No. 4499 of 2026
                                                                      2


                                    death of the injured. Learned counsel for the applicant further submits
                                    that, the accused-applicant is languishing in jail in this matter since
                                    26.11.2025, without having any criminal antecedents and there is no
                                    likelihood that the accused-applicant, after release on bail, may flee from the
                                    process of law or will misuse the liberty of bail.

                                    4. Learned A.G.A. opposes the prayer for bail of the applicant on the ground
                                    that, the injuries caused by the applicant are grievous in nature, therefore, the
                                    applicant is not entitled to be released on bail.

                                    5. Having considered the rival contentions of the parties and having perused
                                    the record, it is evident that, injured, after gaining consciousness, himself has
                                    named the applicant to cause injuries to him; MRI Scan report of the injured
                                    dated 25.11.2025 shows mild injuries related swelling in back muscles and
                                    mild disc bulged and as per CT Scan report of the injured dated 27.11.2025,
                                    Avulsion fracture of right parietal bone (along postero-superior aspect
                                    in parasagittal location), linear un-displaced fracture of right parietal
                                    bone with thinning of cater calvarial table and Overlying skin
                                    laceration, skin swelling with hematoma and mild soft tissue
                                    emphysema are noted. Thus, having regard to the evidence available on
                                    record against the applicant and his complicity in the crime, I do not find any
                                    good ground to release the applicant on bail. Hence, the bail application
                                    moved on behalf of applicant - Pravesh Dhama is hereby rejected.

                                    6. Observations made herein-above by this court are only for the purpose of
                                    disposal of this bail application and shall not be construed as an expression
                                    of this Court on the merits of the case.

                                    April 1, 2026
                                    Gurpreet Singh
                                                                                                 (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad


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