Samir vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Samir vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Samir on bail in Case Crime No. 218 of 2024 upon executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on every trial-court date unless exempted through counsel); on breach of any condition the court below may proceed to cancel the bail.

Issue for consideration

Whether the accused-applicant Samir, charged in Case Crime No. 218 of 2024, Police Station Shahi, District Bareilly, under Sections 191(2), 191(3), 190, 132, 125(1), 221, 224, 331(5), 324, 109, 3(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 C.L.A. Act, should be enlarged on bail (application made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Court's answer

Weighing the nature of the accusations, the severity of punishment in the case of conviction, the nature of the supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merit of the case, the Court concluded that a case for bail is made out.

Ratio / Principle

On the foregoing assessment, the Court allowed the bail application.

Key takeaways

The Court directed that the accused-applicant Samir be released on bail on executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to four conditions: (i) he will not tamper with the evidence; (ii) he will not indulge in any criminal activity; (iii) he will not pressurize/intimidate the prosecution witnesses and will cooperate in the trial; (iv) he will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned; and, in the event of breach of any of these conditions, the court below is at liberty to proceed to cancel his bail.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J., Court No. 68; Order Date 15.4.2025) allowed a bail application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by applicant Samir, an accused in Case Crime No. 218 of 2024, Police Station Shahi, District Bareilly, registered under Sections 191 (2), 191 (3), 190, 132, 125 (1), 221, 224, 331 (5), 324, 109, 3 (5) and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, and Section 7 C.L.A. Act. Learned counsel for the applicant submitted that the applicant, in custody since 20.7.2024, had been falsely implicated, had one criminal antecedent which had been sufficiently explained, and urged parity with similarly circumstanced co-accused Mohd. Naseem, already enlarged on bail by this Court on 6.3.2025 in Criminal Misc. Bail Application No. 4308 of 2025 — a circumstance the learned A.G.A., though opposing the prayer, acknowledged. Considering the nature of accusations, severity of punishment upon conviction, nature of supporting evidence, apprehension of tampering and the prima facie case, but without commenting on the merits, the Court found a case for bail made out and directed release on a personal bond with two reliable sureties each in the like amount, subject to standard conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses with cooperation in trial; regular attendance in trial), breach of any condition permitting the court below to cancel the bail.