Bandhu Harijan @ Bandhu Ram and Another Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Bandhu Harijan @ Bandhu Ram and Another Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants Bandhu Harijan alias Bandhu Ram and Umesh alias Umesh Kumar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) no inducement/threat/promise or tampering with evidence; (ii) sincere cooperation in trial/investigation without seeking adjournment; (iii) no indulgence in criminal activity after release; (iv) attendance per bond conditions. Breach of conditions to be ground for cancellation of bail; identity, status and residence proof of applicants and sureties to be verified by the court concerned before bonds are accepted.

Issue for consideration

Whether the applicants (Bandhu Harijan @ Bandhu Ram and another) should be released on bail in Case Crime No. 598 of 2022, under Sections 323, 308 IPC, Police Station Handia, District Prayagraj, during the pendency of the trial.

Court's answer

Considering the entire facts and circumstances of the case, the law laid down by the Apex Court in Satender Kumar Antil v. CBI (2021) 10 SCC 773 and Siddharth v. State of U.P. (2022) 1 SCC 676 regarding offences punishable up to 7 years, the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, the court held the applicant entitled to be enlarged on bail.

Detailed headnote1 paragraphs

Bail granted to applicants Bandhu Harijan alias Bandhu Ram and Umesh alias Umesh Kumar, accused in Case Crime No. 598 of 2022 under Sections 323, 308 IPC, Police Station Handia, District Prayagraj, offences stated to be punishable up to 7 years, during pendency of trial. Decision taken considering the law laid down by the Apex Court for such offences in Satender Kumar Antil v. CBI, (2021) 10 SCC 773 and Siddharth v. State of U.P., (2022) 1 SCC 676, keeping in view nature of offence, evidence and complicity of accused, without expressing any opinion on merits. Release ordered on personal bond and two sureties each in the like amount, with conditions barring inducement or evidence-tampering, requiring cooperation in trial without adjournments, forbidding further criminal activity, and mandating attendance per bond; breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicants and sureties to be verified before bonds accepted.

Neutral Citation No. - 2025:AHC:115125

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18469 of 2025 Applicant :- Bandhu Harijan @ Bandhu Ram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kamlakar Pal,Sakshi Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Kamlakar Pal, learned counsel for the applicants, Sri U.C. Mishra, State Law Officer and perused the record.

The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 598 of 2022, under Sections- 323, 308 IPC, Police Station- Handia, District- Prayagraj, during the pendency of the trial.

Contention of learned counsel for the applicants is that the applicants are innocent and they have been falsely implicated in the instant case. As per first information report, only general allegations have been levelled against all the accused persons including the present applicants. It has been further submitted that all the offence are punishable upto 7 years. He further submitted that the applicants have no criminal history. The applicants are law abiding citizen and they are languishing in jail since 08.05.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings.

On the other hand, learned A.G.A. has opposed the prayer for bail.

Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of

the opinion that the applicant is entitled to be enlarged on bail.

Let the applicants- Bandhu Harijan alias Bandhu Ram and Umesh alias Umesh Kumar involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

i. The applicants 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

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

Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 16.7.2025 sailesh

Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad