Miss Lucy
← All judgments

Dharmendra Kumar vs State Of U.P. And 3 Others

Allahabad High Court7 May 2026Krishan Pahal

Ratio decidendi

The rule this decision rests on

Where an applicant charged with offences under the BNS and POCSO Act demonstrates through the court's prima facie assessment of facts, circumstances, nature of the offence, severity of punishment, and notably the hostile stance of the informant and victim (who were key prosecution witnesses), that a case for bail is made out, bail shall be granted on personal bond and sureties subject to conditions that the applicant shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required, with breach of such conditions entailing cancellation of bail.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

HIGH COURT OF JUDICATURE AT ALLAHABADNeutral Citation No. - 2026:AHC:105543HIGH COURT OF JUDICATURE AT ALLAHABADCRIMINAL MISC. BAIL APPLICATION No. - 15590 of 2026Dharmendra Kumar.....Applicant(s)VersusState Of U.P. And 3 Others.....Opposite Party(s)Counsel for Applicant(s):Anil Kumar Singh, Vaibhav MishraCounsel for Opposite Party(s):G.A.Court No. - 65(Sl. No. 22 out of 265)HON'BLE KRISHAN PAHAL, J.

1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 23.04.2026 but none is present on behalf of the informant.

2. Heard Sri Vaibhav Mishra, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 215 of 2025, under Sections 137(2), 87, 64(2)m of BNS and Sections 5(1)/6 of POCSO Act, Police Station - Bisrakh, District - Gautam Budh Nagar, during the pendency of trial.

4. Considering the facts and circumstances of the case, the submissions by learned counsel for the parties, the nature of the offence, the severity of punishment, and notably that the informant (PW-1) and victim (PW-2) have not supported the prosecution story and turned hostile, prima facie I find it a fit case to release the applicant on bail.

5. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed.

6. Let the applicant- Dharmendra Kumar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 7, 2026

Siddhant

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free