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Suresh Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Allahabad HC
2025
Suresh Vs State of U.P.Suresh v. State of U.P.

Allowed¶10

Suresh v. State of U.P.

Allahabad HC12 May 2025BAIL/12143/2025

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 12143 of 2025, High Court of Judicature at Allahabad (Court No. 67); Neutral Citation 2025:AHC:78371; Order Date 13.5.2025; Judge: Chandra Dhari Singh, J. Applicant: Suresh (counsel: Arun Kumar Verma, Neeraj Tomar); Opposite Party: State of U.P. (G.A.). Regular bail sought under Section 483 of B.N.S.S. in Case Crime No. 264 of 2024, Sections 120-B, 420, 467, 468, 471 I.P.C., P.S. Civil Line, District Muzaffar Nagar; applicant in jail since 30.09.2024. Bail granted solely on parity with co-accused Furkan and Pradeep (bail orders dated 18.03.2025 and 05.03.2025 in Criminal Misc. Bail Application Nos. 2895 of 2025 and 7531 of 2025), without expressing opinion on merits. Personal bond Rs. 50,000/- plus two sureties of like amount; conditions include attendance at trial court for framing of charge and statement under Section 313 Cr.P.C./351 BNSS. Useful for parity-based bail applications where similarly placed co-accused have already been released by the same Court.

What did the court decide?

Regular bail granted to applicant Suresh: release on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount, to the satisfaction of the court concerned, with sureties to be verified before issuing the release order, subject to conditions that (i) the applicant shall not tamper with the evidence, and (ii) the applicant shall remain present in person before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; deliberate absence may be treated as abuse of liberty of bail; breach of any condition shall be a ground for cancellation of bail. ¶10

Why is it important?

Bail was granted to the applicant on the ground of parity, taking into consideration that similarly placed co-accused persons Furkan and Pradeep had already been granted bail by this Court, and expressly without expressing any opinion on the merits of the case. ¶10

What the court decided

AI extract

Outcome

Regular bail granted to applicant Suresh: release on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount, to the satisfaction of the court concerned, with sureties to be verified before issuing the release order, subject to conditions that (i) the applicant shall not tamper with the evidence, and (ii) the applicant shall remain present in person before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; deliberate absence may be treated as abuse of liberty of bail; breach of any condition shall be a ground for cancellation of bail.

Issue for consideration

Whether applicant Suresh, in custody since 30.09.2024 in Case Crime No. 264 of 2024 (Sections 120-B, 420, 467, 468, 471 I.P.C.), should be granted regular bail under Section 483 of B.N.S.S., including on the claimed ground of parity with co-accused Furkan and Pradeep who had already been released on bail.

Ratio / Principle

Bail was granted to the applicant on the ground of parity, taking into consideration that similarly placed co-accused persons Furkan and Pradeep had already been granted bail by this Court, and expressly without expressing any opinion on the merits of the case.

Key takeaways

The applicant Suresh was ordered to be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the court concerned; the sureties were to be verified before the release order was issued.ratio¶11

Detailed headnote1 paragraphs

Bail application under Section 483 BNSS by applicant Suresh, involved in Case Crime No. 264 of 2024 under Sections 120-B, 420, 467, 468, 471 I.P.C., Police Station Civil Line, District Muzaffar Nagar; in custody since 30.09.2024. Bail ALLOWED on the ground of parity, since similarly placed co-accused Furkan and Pradeep had already been granted bail by the same Court (orders dated 18.03.2025 and 05.03.2025 in Criminal Misc. Bail Application Nos. 2895 of 2025 and 7531 of 2025), expressly without expressing any opinion on the merits of the case. Release ordered on a personal bond of Rs. 50,000/- (Rupees Fifty thousand) with two sureties each in the like amount, to the satisfaction of the court concerned, sureties to be verified before the release order; conditions imposed: (i) no tampering with evidence; (ii) personal presence before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS, deliberate absence to be treated as abuse of liberty of bail; breach of conditions to be a ground for cancellation of bail. (Allahabad High Court, Chandra Dhari Singh, J.; Neutral Citation No. 2025:AHC:78371; Order Date 13.5.2025.)

A

Neutral Citation No. - 2025:AHC:78371

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12143 of 2025

Applicant :- Suresh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Verma,Neeraj Tomar Counsel for Opposite Party :- G.A.

Hon'ble Chandra Dhari Singh,J .

The instant bail application has been filed under Section 483 of B.N.S.S., seeking regular bail in Case Crime No. 264 of 2024, under Sections 120-B, 420, 467, 468, 471 I.P.C., Police Station - Civil Line, District- Muzaffar Nagar.

Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused Furkan and Pradeep have already been granted bail by this Court vide orders dated 18.03.2025 and 05.03.2025 passed in Criminal Misc. Bail Application Nos. 2895 of 2025 & 7531 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 30.09.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

Heard learned counsel for the applicant, learned AGA and perused the material available on record.

Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused persons Furkan and Pradeep have already been granted bail by this Court and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

Let the applicant -Suresh, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 evidence.

(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

O rder Date :- 13.5.2025 VS

(Chandra Dhari Singh,J.)

Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether applicant Suresh, in custody since 30.09.2024 in Case Crime No. 264 of 2024 (Sections 120-B, 420, 467, 468, 471 I.P.C.), should be granted regular bail under Section 483 of B.N.S.S., including on the claimed ground of parity with co-accused Furkan and Pradeep who had already been released on bail.¶6

Statutes considered

4 provisions across 4 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.)483¶6
Indian Penal Code, 1860 (I.P.C.)120-B, 420, 467, 468, 471¶6
Code of Criminal Procedure, 1973 (Cr.P.C.)313¶13
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)351¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Instant bail application filed under Section 483 of B.N.S.S. seeking regular bail in Case Crime No. 264 of 2024, under Sections 120-B, 420, 467, 468, 471 I.P.C., Police Station - Civil Line, District Muzaffar Nagar.¶6
Prior proceeding
As submitted by learned counsel for the applicant, similarly placed co-accused Furkan and Pradeep were already granted bail by this Court vide orders dated 18.03.2025 and 05.03.2025 in Criminal Misc. Bail Application Nos. 2895 of 2025 and 7531 of 2025.¶7
Prior proceeding
As submitted by learned counsel, the applicant is languishing in jail since 30.09.2024.¶7

Parties & counsel

AI extract

applicant
Suresh¶4
Arun Kumar Verma, Neeraj Tomar
respondent
State of U.P.¶4
G.A.

Coram

AI extract

Chandra Dhari Singhauthor¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 12 May 2025 · May
Registered: 9 Apr 2025
Case no.: BAIL/12143/2025
CNR: UPHC011136222025
Topic: Bail and Remand
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

2 orders share this CNR

12 May 2025Order 1 — this page
13 May 2025Order 2 · Mayur Jain Jt. Registrar J Listing

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Cite this judgement

Suresh v. State of U.P., BAIL/12143/2025 (ALL), decided on 12 May 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.)483
Indian Penal Code, 1860 (I.P.C.)120-B, 420, 467, 468, 471
Code of Criminal Procedure, 1973 (Cr.P.C.)313
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)351

View all statutes

Procedural history3

Instant bail application filed under Section 483 of B.N.S.S. seeking regular bail in Case Crime No. 264 of 2024, under Sections 120-B, 420, 467, 468, 471 I.P.C., Police Station - Civil Line, District Muzaffar Nagar.
As submitted by learned counsel for the applicant, similarly placed co-accused Furkan and Pradeep were already granted bail by this Court vide orders dated 18.03.2025 and 05.03.2025 in Criminal Misc. Bail Application Nos. 2895 of 2025 and 7531 of 2025.

View full history

Bench / Coram

Chandra Dhari Singh

Parties & counsel