Sachin Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Sachin Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Sachin in Case Crime No. 50 of 2025 (Sections 103(1), 61(2), 238-Ka BNS, P.S. Nagina Dehat, District Bijnor), on execution of a personal bond and two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses, cooperation in trial and regular appearance before the trial court; court below free to cancel bail on breach of any condition.

Issue for consideration

Whether accused-applicant Sachin, involved in Case Crime No. 50 of 2025 under Sections 103(1), 61(2) and 238-Ka BNS, Police Station Nagina Dehat, District Bijnor, should be enlarged on bail in the bail application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering all the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, and without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

Accused-applicant Sachin is to 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 conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation in trial and regular appearance before the trial court); in the event of breach of any condition, the court below is at liberty to proceed to cancel his bail.ratio¶12

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Ashutosh Srivastava, J., order dated 24.7.2025; Neutral Citation 2025:AHC:122486) to Sachin, accused-applicant in Case Crime No. 50 of 2025 under Sections 103(1), 61(2) and 238-Ka BNS, Police Station Nagina Dehat, District Bijnor, in an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, considering the nature of accusations, severity of punishment, supporting evidence, apprehension of witness tampering and prima facie case, and expressly without commenting on the merits, found a case for bail made out and allowed the application. Counsel had urged parity with co-accused Ankit, already enlarged on bail by a coordinate Bench on 26.05.2025 in Criminal Misc. Bail Application No. 16984 of 2025, and the applicant (in jail since 22.03.2025, with three disclosed criminal antecedents explained in the supplementary affidavit) undertook standard bail conditions. Release ordered on a personal bond with two reliable sureties each in the like amount; on breach of conditions the court below may cancel bail.

Neutral Citation No. - 2025:AHC:122486

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17001 of 2025

Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain,Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Sachin, seeking enlargement on bail in Case Crime No. 50 of 2025, under Sections 103 (1), 61 (2), 238-Ka BNS, Police Station- Nagina Dehat, District- Bijnor.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.03.2025. Learned counsel for the applicant submits that similarly placed coaccused, Ankit has already been enlarged on bail of by coordinate Bench of this Court by order dated 26.05.2025 passed in Criminal Misc. Bail Application No. 16984 of 2025. He further submitted that since the role of the applicant is identical to that of coaccused, Ankit, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of three cases, which has been explained in para 4 of the supplementary affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Sachin involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant 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.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 24.7.2025

v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad