Adesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Adesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Adesh released on bail in Case Crime No. 72 of 2023, Police Station Jahangirabad, District Bulandshahar (Section 376-D IPC), on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions of not tampering with evidence or influencing witnesses and appearing before the trial court on fixed dates; trial court directed to fix sureties per Arvind Singh v. State of U.P. (Application U/S 482 No. 2613 of 2023).

Issue for consideration

Whether the applicant Adesh, charged in Case Crime No. 72 of 2023 under Section 376-D IPC, should be enlarged on bail, given that he was allegedly not named in the FIR, was not chargesheeted after investigation, and was nominated only during proceedings under Section 319 Cr.P.C. taken in the course of trial. +1 more

Court's answer

The bail application is allowed, without making any observations on the merits of the case.

Ratio / Principle

Applicant Adesh is to be released on bail in Case Crime No. 72 of 2023 on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court below.

Key takeaways

Bail is made subject to conditions: the applicant shall not tamper with the evidence or influence any witness during the trial, and shall appear before the trial court on dates fixed unless personal presence is exempted.ratio¶¶17
The learned trial court is directed to fix the sureties after due application of mind in light of the judgment of this Court in Arvind Singh v. State of U.P. (Application U/S 482 No. 2613 of 2023).ratio¶¶19
The learned trial court shall ensure that the right of bail granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions unrelated to the socioeconomic status of the applicant.

Detailed headnote1 paragraphs

Bail allowed (Order dated 24.1.2025; Hon'ble Ajay Bhanot, J.; High Court of Judicature at Allahabad; Neutral Citation 2025:AHC:12957) to Adesh, applicant in CRIMINAL MISC. BAIL APPLICATION No. 1374 of 2025, seeking enlargement on bail in Case Crime No. 72 of 2023, Police Station Jahangirabad, District Bulandshahar, under Section 376-D IPC; applicant in jail since 11.12.2024, his earlier bail plea having been rejected by the learned trial court on 24.12.2024. Counsel argued the applicant was not named in the FIR, was not chargesheeted after thorough investigation yielding no implicatory evidence, had been nominated only in proceedings under Section 319 Cr.P.C. taken during trial on the basis of testimony of an interested witness, had no criminal history apart from this case, and was neither a flight risk nor a threat to witnesses or evidence. The Court allowed bail without making any observations on the merits, directing release on a personal bond and two sureties each in the like amount, subject to conditions that the applicant not tamper with evidence or influence witnesses and appear before the trial court on fixed dates unless exempted. The trial court was directed to fix sureties after due application of mind in light of Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No. 2613 of 2023), and to ensure the right of bail was not frustrated by arbitrary surety demands or onerous conditions unrelated to the applicant's socioeconomic status.

Neutral Citation No. - 2025:AHC:12957

Court No. - 5

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1374 of 2025 Applicant :- Adesh Opposite Party :- State of U.P. Counsel for Applicant :- Mandeep Singh,Sani Kumar Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Matter is taken up in the revised call.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.72 of 2023 at Police Station-Jahangirabad, District-Bulandshahar under Section 376-D IPC. The applicant is in jail since 11.12.2024.

The bail application of the applicant was rejected by the learned trial court on 24.12.2024.

The following arguments made by Shri Mandeep Singh, learned counsel and Shri Sani Kumar, learned counsel on behalf of the applicant which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail:

The applicant was not named in the FIR.

After thorough investigations, no implicatory evidence was found against the applicant. The applicant was not chargesheeted.

The applicant was nominated in a false testimony made by an interested witness before the trial court in

proceedings taken out under Section 319 Cr.P.C. during the course of trial.

The applicant does not have any criminal history apart from this case.

The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant- Adesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613

of 2023) .

The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.

Order Date :- 24.1.2025 Pravin

Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad