Sundar vs State of U.P.

Neutral Citation No. - 2025:AHC:57738

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11890 of 2025

Applicant :- Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Ghan Shyam Das,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Kamal Krishna, learned Senior Advocate assisted by Ghanshyam Das, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 198 of 2024, under Sections 189(4), 117(2), 103(1), 115(2), 3(5) BNS, Police Station- Kasna, District- Gautam Budh Nagar, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter including co-accused Shekhar and Akash @ Alizan and after considering entire facts of the case in detail both the above co-accused have been released on bail by this Court vide order dated 23.01.2025 passed in Criminal Misc. Bail Application No. 45486 of 2024 and 45545 of 2024 respectively and on facts, case of applicant is at par with them except the fact that as per prosecution, from the possession of applicant one country made pistol was recovered but till date, the alleged recovered country made pistol could not be connected with the instant crime.

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He further submitted that however, apart from the present case, applicant is having criminal history of 12 other cases but his criminal history has been explained in the instant bail application and majority of the cases appears to be of Excise Act and in all the cases, applicant has been made accused by the police and in all the cases, applicant is on bail.

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He further submitted that applicant is in jail in the present matter since 19.08.2024 i.e. for last more than six months.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, due to assault made by applicant and others one person died and one person sustained injury but after considering entire facts of the case, co-accused Shekhar and Akash @ Alizan have already been released on bail and on facts, case of applicant is at par with them except the fact that as per prosecution, from possession of applicant one country made pistol was also recovered but till date, the alleged recovered country made pistol could not be connected with the instant crime.

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Further, however, apart from the present case, applicant is having criminal history of 12 other cases but his entire criminal history has been explained in the instant bail application and out of 12 cases, 10 cases are old one and in all the cases, he is on bail.

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Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed.

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Further, applicant is in jail in the present matter since 19.08.2024 i.e. for last more than six months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sundar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court

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or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 18.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Sundar v. State of U.P.

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Sundar v. State of U.P.

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