Amit v. State of U.P.

Allahabad HC24 Apr 2025BAIL/13651/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail order, 25.04.2025, Dr. Gautam Chowdhary, J.; applicant Amit; Case Crime No. 39 of 2025; Sections 191(2), 191(3), 190, 109(1), 351(3) B.N.S.; Police Station Ratanpuri, District Muzaffarnagar; parity plea with co-accused Anuj (already bailed); three prior cases on bail; custody since 04.03.2025; personal bond and two local sureties; five bail conditions; bail application allowed; neutral citation 2025:AHC:64153.

What did the court decide?

Applicant Amit enlarged on bail in Case Crime No. 39 of 2025, Sections 191(2), 191(3), 190, 109(1), 351(3) B.N.S., Police Station Ratanpuri, District Muzaffarnagar, on a personal bond with two local sureties each in the like amount, subject to five imposed conditions; on default, the court concerned may cancel the bail. ¶¶9

Amit Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶9

Issue for consideration

Whether the applicant Amit should be enlarged on bail in Case Crime No. 39 of 2025 (Sections 191(2), 191(3), 190, 109(1), 351(3) of B.N.S., Police Station Ratanpuri, District Muzaffarnagar).

¶¶9

Court's answer

Considering the overall facts and circumstances, the nature of allegations and the gravity of offence, and without expressing any opinion on merits, the Court found it to be a fit case for bail and allowed the bail application.

¶¶9

Ratio / Principle

The applicant Amit is to be enlarged on bail in Case Crime No. 39 of 2025 under Sections 191(2), 191(3), 190, 109(1), 351(3) of B.N.S. (Police Station Ratanpuri, District Muzaffarnagar) on executing a personal bond and furnishing two local sureties each in the like amount, subject to conditions: no tampering with prosecution evidence; no threatening or harassing of prosecution witnesses; appearance on dates fixed by the trial court; no commission of similar offences; and no inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them. On default of any condition, the court concerned may cancel the bail in accordance with law.

¶¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.) — Criminal Misc. Bail Application No. 13651 of 2025 (neutral citation 2025:AHC:64153), order dated 25.04.2025: bail allowed for applicant Amit in Case Crime No. 39 of 2025 under Sections 191(2), 191(3), 190, 109(1) and 351(3) of B.N.S., Police Station Ratanpuri, District Muzaffarnagar. Counsel urged general allegation against the applicant named with four other accused, parity with co-accused Anuj already enlarged on bail, and criminal history of three cases in which the applicant is on bail; applicant in jail since 04.03.2025; the A.G.A. opposed but did not dispute these submissions. The Court, considering overall facts, nature of allegations and gravity of offence and without expressing opinion on merits, found it a fit case for bail and enlarged the applicant on a personal bond with two local sureties each in the like amount, subject to five conditions (no tampering with evidence, no harassing witnesses, appearance on fixed dates, no similar offences, no inducement/threat/promise), with liberty to the concerned court to cancel bail on default.

¶1

Neutral Citation No. - 2025:AHC:64153

¶2

Court No. - 86

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13651 of 2025

¶4

Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Dr. Gautam Chowdhary,J.

¶6

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

¶7

Learned counsel for the applicant has argued that the applicant is named along with four other accused persons. General allegation has been made against the applicant and no specific allegation has been made against him. One co-accused, Anuj, has already been enlarged on bail and the case of applicant is not on the worse footing than that of the co-accused, Anuj, therefore, he may also be enlarged on bail. Kamal. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. As to the criminal history there are three cases into the credit of applicant, in which he is on bail. He next submits that the applicant is in jail since 04.03.2025.

¶8

Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submissions made on behalf of applicant.

¶9

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

¶10

Let the applicant- Amit , be enlarged on bail in Case Crime No.

¶11

39 of 2025, under Sections 191(2), 191(3), 190, 109(1), 351(3) of B.N.S., Police Station- Ratanpuri, District- Muzaffarnagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶12

i) The applicant shall not tamper with the prosecution evidence.

¶13

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶14

iii) The applicant shall appear on the date fixed by the trial court.

¶15

iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

¶16

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶17

In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

¶18

Order Date :- 25.4.2025 Mustaqeem.

¶19

Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Amit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit v. State of U.P.

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