Dinesh Yadav vs State Of U.P. Thru. Prin. Secy. Home Lko.
2025 Latest Caselaw 12592 ALL

Allahabad High Court

Dinesh Yadav vs State Of U.P. Thru. Prin. Secy. Home Lko. on 15 November, 2025

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:73464
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1274 of 2025   
 
   Dinesh Yadav    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Sarvesh Baranwal   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 15
 
   
 
 HON'BLE KARUNESH SINGH PAWAR, J.       

1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.123 of 2020 under sections 323, 504, 452, 354kh, 506 I.P.C., P.S. Udaipur, district Pratapgarh.

2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3.It is alleged in the prosecution case that on 7.6.2020 at about 5.00p.m. while the complainant was going from his house towards the road, the main accused Sanjay Verma along with co-accused Sunil Verma came from behind on his motorcycle and stopped the complainant and intentionally put the wheel of the motorcycle on complainant's leg and started assaulting him. On the alarm being raised, his wife came there to rescue her husband. She was also beaten by the accused persons. It is further alleged that when she ran inside the house to save herself, the accused persons also followed her inside. The co-accused Sanjay Verma tore her blouse and molested her.

Learned counsel for the applicant submits that the main accused Sanjay Verma against whom allegation of offence under section 354kha I.P.C. was made has been granted anticipatory bail by this court vide order passed in Anticipatory Bail No.842 of 2025, vide Annexure No.4. It is submitted that specific allegation of molesting on the victim is not on the applicant. The applicant claims parity. He has no criminal history.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel, however, he does not dispute the above facts. He submits that the charge sheet has been filed.

6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, order of co-accused Sanjay Verma, charge sheet has been filed, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.

8. In case of default, it would be open for the trial court to proceed in accordance with law.

9. The application is allowed accordingly.

(Karunesh Singh Pawar,J.)

November 15, 2025

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