Shubham Pandey Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Shubham Pandey Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Shubham Pandey on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering/non-intimidation, no adjournment-seeking when witnesses are present, attendance before the trial court (personally or through counsel) including at opening of case, framing of charge and Section 313 Cr.P.C. statement-recording, with exposure to Section 229-A IPC on unjustified absence and Section 174-A IPC proceedings on misuse of bail and non-appearance after Section 82 Cr.P.C. proclamation; sureties to be verified and bail cancellable by the court below on breach.

Issue for consideration

Whether the applicant, Shubham Pandey, facing trial in Case Crime No. 103 of 2023, Police Station Purakalandar, District Faizabad/Ayodhya, under Sections 419,420,467,468,471,504,506,120B IPC & Sections 66-C/66-D of I.T. Act, should be released on bail during the trial.

Court's answer

Considering the submissions of both sides, nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and the larger mandate of Article 21 of the Constitution of India, and without expressing any view on the merits of the case, the Court found it to be a fit case of bail.

Ratio / Principle

The applicant Shubham Pandey, involved in the aforementioned crime, is to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with specified conditions.

Key takeaways

Bail granted subject to conditions: (1) no tampering with prosecution evidence or intimidating/pressurizing of witnesses during investigation or trial; (2) undertaking not to seek adjournment on evidence dates when witnesses are present and presence before the trial court on each date fixed, personally or through counsel, absence without sufficient cause exposing the applicant to proceedings under Section 229-A IPC; (3) presence, in person, at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; (4) misuse of bail followed by issuance of proclamation under Section 82 Cr.P.C. and failure to appear attracting initiation of proceedings under Section 174-A IPC.ratio¶20
Identity, status and residential proof of sureties to be verified by the court concerned; on breach of any of the imposed conditions, the court below is at liberty to cancel the bail and send the applicant back to prison.ratio¶25

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 15, single bench (Shree Prakash Singh, J.), Neutral Citation 2025:AHC-LKO:4936, order dated 24.1.2025, Criminal Misc. Bail Application No. 10917 of 2024 — bail ALLOWED. Applicant Shubham Pandey, languishing in jail since 14.6.2024 in Case Crime No. 103 of 2023 (Police Station Purakalandar, District Faizabad/Ayodhya) under Sections 419, 420, 467, 468, 471, 504, 506, 120B IPC & Sections 66-C/66-D of I.T. Act, found entitled to bail: charge-sheet filed; applicant seriously ill and referred to neurosurgery department, AIIMS, New Delhi per Medical Officer, District Jail Ayodhya report dated 24.1.2025 (placed pursuant to interim order of 8.1.2025 directing the State to obtain instructions on the illness); case criminal history stated to be explained in the bail application. Weighing nature of accusation, severity of punishment, supporting evidence, prima facie satisfaction in support of the charge, reformative theory and Article 21 of the Constitution, the Court, 'without expressing any view on the merits of the case', found 'it to be a fit case of bail'. Release ordered on a personal bond and two sureties each in the like amount, with conditions: no tampering/intimidation of witnesses; undertaking not to seek adjournments when witnesses present and presence on each fixed date (unjustified absence actionable under Section 229-A IPC); in-person presence at opening of case, framing of charge and Section 313 Cr.P.C. recording; misuse triggering Section 82 Cr.P.C. proclamation and failure to attract appearance drawing Section 174-A IPC proceedings. Surety identity/status/residential proof to be verified; court below free to cancel bail on breach. Observations expressly confined to disposal of the bail application, without reflection on merits.