Vikram vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Vikram vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the accused-applicant Vikram 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 that he will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial and appear regularly on dates fixed by the trial court; in the event of breach, the court below may proceed to cancel his bail.

Issue for consideration

Whether the accused-applicant, whose earlier bail was followed by issuance of a non-bailable warrant and who surrendered and is in judicial custody since 08.05.2025, should be enlarged on bail in Case Crime No. 291 of 2019 (Sections 2/3, U.P. Gangsters Act) during the pendency of trial.

Ratio / Principle

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

Key takeaways

Bail application allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, regular appearance before the trial court), with liberty to the court below to cancel bail on breach.ratio¶17

Detailed headnote1 paragraphs

Bail — Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 — Case Crime No. 291 of 2019, Sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Dauki, District Agra — applicant earlier on bail in the same case, non-bailable warrant issued on his non-appearance as he was imprisoned in another case, he surrendered and was in judicial custody since 08.05.2025 — A.G.A. opposed but could not dispute these facts — considering nature of accusations, severity of punishment, supporting evidence, apprehension of witness-tampering and prima facie case, without commenting on merits, a case for bail made out — bail allowed on personal bond and two reliable sureties each, subject to conditions against tampering with evidence, criminal activity and intimidating witnesses and requiring regular trial appearance — breach entitles court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 23074 of 2025

Vikram

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Harish Pratap Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Harish Pratap Singh, learned counsel for the applicant, Sri Varun Pratap Singh, learned AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 291 of 2019, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Dauki, District- Agra, during the pendency of trial.

Learned counsel for the applicant submits that earlier applicant was on bail in this very case, but due to non appearance before the Court below on account of the fact that applicant was imprisoned in some another case, non bailable warrant against the applicant was issued. When the applicant came to know about issuance of non bailable warrant, he surrendered himself before the Court below and since then he is in judicial custody, i.e., 08.05.2025. He further submits that 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and

BAIL No. 23074 of 2025

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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, Vikram , 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.

(Ashutosh Srivastava,J.)

October 28, 2025

Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad