Subhash Chandra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Neutral Citation No. - 2025:AHC-LKO:2055

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 112 of 2025 Applicant :- Subhash Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shree Prakash Singh,J.

¶5

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

¶6

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 258 of 2024 under sections 309(4), 61(2), 317(2) and 109 BNS and section 3/25 of Arms Act P.S.- Fatehur Chaurasi District- Unnao.

¶7

The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant was not arrested on spot and he was implicated after confessional statement of the co-accused person is recorded. He next added that the applicant is not named in the first information report and there is no cogent piece of evidence against him. He submits that the applicant has two cases criminal history, which has been explained in paragraph no. 21 of the bail application and he is languishing in jail since 22-11-2024 and the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

¶8

Further submitted that the identically situated coaccused namely Lucky @ Sheevu has already been enlarged on bail by this court vide order dated 2012-2024 and the case of the applicant is at better footing.

¶9

Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and

¶10

submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief, but, he could not dispute the fact that identically situated co-accused named above, has already been enlarged on bail.

¶11

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 22.11.2024; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence;the applicant has two cases criminal history which has been explained in paragraph no. 21 of the affidavit filed in support of the bail application coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

¶12

Considering the submissions of learned counsels for the parties, nature of accusation and 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 considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

¶13

Let the applicant- Subhash Chandra involved in the aforementioned 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, with the following conditions:-

¶14

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

¶15

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his

¶16

absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶17

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

¶18

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

¶19

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶20

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

¶21

Order Date :- 10.1.2025 AKS

¶22

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Subhash Chandra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Subhash Chandra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Chandra Prakash Gautam @ Raj Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Lalta Prasad Vs State of U.P. Thru. Secy. Home Lko.

Phoolchandra Pasi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Himanshu Pandey Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Mohd. Iliyas and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Madhu Bahadur Thapa and 3 Others vs State of U.P. Thru. Its Prin. /Addl. Chief Secy. Secondary Edu. Lko. and 3 Others