Diwari Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Diwari Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Diwari in Case Crime No. 199 of 2024, on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with cooperation in the trial, and regular appearance before the trial court; breach of any condition empowers the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Diwari, charged in Case Crime No. 199 of 2024 under Sections 109(1) BNS and Section 2/25/27 Arms Act (Police Station Jahanganj, District Farrukhabad), should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, counsel arguing parity with the already-bailed co-accused Kaushar Ali @ Koshar.

Court's answer

Considering all the facts and circumstances, the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merit of the case, the presiding judge concluded that a case for bail was made out.

Ratio / Principle

On that assessment the bail application was allowed, notwithstanding the learned AGA's opposition.

Key takeaways

The accused-applicant Diwari was ordered to be released on bail upon executing a personal bond and providing two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) he will not tamper with the evidence; (ii) he will not indulge in criminal activity; (iii) he will not pressurize/intimidate prosecution witnesses and will cooperate in the trial; (iv) he will appear regularly on every date fixed by the trial court unless his appearance is exempted through counsel; and on breach of any condition the court below is at liberty to cancel his bail.ratio¶¶14

Detailed headnote1 paragraphs

Bail — grant of (Allahabad H.C., Crim. Misc. Bail Appln. No. 2311 of 2025; neutral citation 2025:AHC:37737; order dated 17.3.2025; Ashutosh Srivastava, J.). Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by accused-applicant Diwari for enlargement on bail in Case Crime No. 199 of 2024, under Sections 109(1) BNS and Section 2/25/27 Arms Act, Police Station Jahanganj, District Farrukhabad. Applicant in custody since 09.10.2024; counsel argued innocence, absence of criminal antecedents, and parity with similarly placed co-accused Kaushar Ali @ Koshar, who had been enlarged on bail by this Court by order dated 22.01.2025 in Criminal Misc. Bail Application No. 43557 of 2024; learned AGA opposed the prayer. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, without commenting on merits, the court held a case for bail was made out and allowed the application: release on personal bond and two reliable sureties each in the like amount, subject to conditions (no tampering with evidence, no criminal activity, no pressure/intimidation of witnesses, cooperation in trial, regular attendance unless exempted), breach permitting cancellation by the court below.