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

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

What the court decided

AI extract

Outcome

Bail application granted: applicant Tinku to be released on bail during trial in Case Crime No. 61 of 2025 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 adjournments, (iii) no indulgence in criminal activity, (iv) attendance as per bond conditions; breach of any condition to be a ground for cancellation; identity, status and residence proof of applicant and sureties to be verified before bonds accepted.

Issue for consideration

Whether applicant Tinku, arraigned in Case Crime No. 61 of 2025 under Sections 109, 115(2), 352 BNS (P.S. Kidwai Nagar, District Kanpur Nagar), is entitled to be enlarged on bail during the trial.

Court's answer

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, the nature of offence, evidence and complicity of the accused, and expressly without expressing any opinion on the merits, the Judge concluded that the applicant is entitled to be enlarged on bail.

Ratio / Principle

Applicant Tinku was directed 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 that he shall not induce, threaten or dissuade any person acquainted with the facts or tamper with evidence; shall cooperate sincerely in trial/investigation without seeking adjournments; shall not indulge in criminal activity; and shall attend per his bond conditions; identity, status and residence proof of the applicant and sureties to be verified by the court concerned before acceptance of bonds.

Key takeaways

Breach of any of the bail conditions imposed shall constitute a ground for cancellation of bail.ratio¶¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 68) — Criminal Misc. Bail Application No. 19363 of 2025 (Arun Kumar Singh Deshwal, J.; Order dated 1.7.2025). Bail granted to applicant Tinku during trial in Case Crime No. 61 of 2025 under Sections 109, 115(2), 352 BNS, Police Station Kidwai Nagar, District Kanpur Nagar. Charge sheet had been filed; applicant in custody since 23.04.2025; no criminal history. Defence counsel contended that although the FIR/witness accounts alleged sharp-edge-weapon injuries, the doctor's statement recorded a simple injury caused by a hard blunt object, that the injured witness's version changed to an iron rod, and that the case fell outside Section 307 IPC into Section 308 IPC (punishable up to 7 years). Learned A.G.A. opposed the bail prayer. Considering the facts, submissions, nature of offence, evidence and complicity, and expressly without forming any opinion on merits, the Court found the applicant entitled to bail and ordered his release on a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, imposing four conditions (anti-tampering/non-dissuasion, cooperation without adjournment-seeking, no criminal activity, attendance per bond), breach of any condition being a ground for cancellation of bail, and requiring verification of identity, status and residence proof of applicant and sureties before bond acceptance.