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

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

What the court decided

AI extract

Outcome

Accused-applicant Sumit Alias Vivek 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 four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance before trial court unless exemption granted through counsel); liberty to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Sumit Alias Vivek should be enlarged on bail in Case Crime No. 78 of 2024, under Sections 109, 312, 313, 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act, Police Station Vaidpura, District Etawah.

Court's answer

Considering all 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, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicant 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 that he will not tamper with evidence, will not indulge in any criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and 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.

Key takeaways

In the event of breach of any of the bail conditions, the court below will be at liberty to proceed to cancel his bail.ratio¶23

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Sumit Alias Vivek in Case Crime No. 78 of 2024, under Sections 109, 312, 313, 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act, Police Station Vaidpura, District Etawah. Applicant in jail since 17.11.2024; criminal antecedents of 12 cases explained in affidavit; parity urged with co-accused Mohit Yadav, enlarged on bail by a Co-ordinate Bench on 04.04.2025 in Criminal Misc. Bail Application No. 46399 of 2024. A.G.A. opposed the prayer. Considering nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, but without commenting on merits, bail allowed on a personal bond and two reliable sureties each, with conditions against tampering with evidence, criminal activity, pressurizing witnesses, and requiring regular appearance before the trial court; breach empowers the court below to cancel bail. (Ashutosh Srivastava, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24169 of 2025

Sumit Alias Vivek

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Akash Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Heard Sri Akash Mishra, learned counsel for the applicant, Sri Yagvalkya Pandey, 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. 78 of 2024, under Sections 109, 312, 313, 317(4) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station Vaidpura, District Etawah.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.11.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Mohit Yadav has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 04.04.2025 in Criminal Misc. Bail Application No. 46399 of 2024. He submits that the applicant has criminal antecedents of 12 cases to his credit which has been explained in the affidavit filed in support of the bail application. 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,

BAIL No. 24169 of 2025

2

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 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, Sumit Alias Vivek, 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

October 15, 2025

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad