Abhishek vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Abhishek vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Abhishek on bail in Case Crime No. 361 of 2024 (Sections 311, 317(3) BNS, P.S. Hapur Dehat, District Hapur) upon furnishing a personal bond and two sureties each in the like amount, subject to verification of sureties and to conditions barring tampering with evidence/witness intimidation, requiring cooperation in trial without adjournments and forbidding further criminal activity; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Abhishek, implicated in Case Crime No. 361 of 2024 registered under Sections 311, 317(3) of BNS at Police Station Hapur Dehat, District Hapur, should be released on bail during pendency of the trial. +1 more

Court's answer

Considering the entire facts and circumstances, the submissions of counsel, the nature of the offence, the evidence, the complicity of the accused, and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Abhishek was ordered 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 sureties to be verified before issuance of the release order, subject to conditions (no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity after release), breach of any condition being a ground for cancellation of bail.

Detailed headnote1 paragraphs

Bail - regular bail during pendency of trial - Case Crime No. 361 of 2024, Sections 311, 317(3) of BNS, Police Station Hapur Dehat, District Hapur - applicant Abhishek in custody since 02.12.2024 - parity claimed with co-accused Prabhakar, granted bail by the same Court on 19.03.2025 - one case of criminal history explained - Learned A.G.A. opposed the prayer - Court, keeping in view the nature of offence, evidence and complicity of the accused, without expressing any opinion on merits, and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021), held that the applicant had made out a case for bail - bail application allowed - release ordered on personal bond with two sureties each in the like amount, subject to conditions of non-tampering with evidence, cooperation in trial and abstention from crime, with breach of conditions constituting a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:45162

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10645 of 2025

Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 361 of 2024, registered under Sections 311, 317(3) of BNS, Police Station Hapur Dehat, District Hapur, during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant claims parity with co-accused, Prabhakar, who has been granted bail by this Court vide order dated 19.03.2025 and applicant's case is similar with co-accused. One case of criminal history of the applicant has been explained in bail application. The applicant is languishing in jail since 02.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant, Abhishek, who is involved in the aforesaid 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 not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 2.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad