Suraj Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Suraj Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Suraj 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: (1) not to tamper with the evidence; (2) not to indulge in any criminal activity; (3) not to pressurize/intimidate the prosecution witnesses and to cooperate in the trial; (4) to appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel; breach of any condition entitles the court below to proceed to cancel the bail.

Issue for consideration

Whether accused-applicant Suraj, held in Case Crime No. 58 of 2025 (P.S. Jogiya Udaipur, District Siddharth Nagar) under Sections 103(1), 61(2), 190, 191(2) of the Bharatiya Nyaya Sanhita, 2023, is entitled to enlargement on bail.

Ratio / Principle

Weighing 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 merits of the case, the Court found a case for bail made out.

Key takeaways

On that assessment, the Court allowed the bail application.ratio¶12
The Court directed that the accused-applicant Suraj 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 enumerated conditions (no tampering with evidence; no indulgence in criminal activity; no pressurising/intimidating prosecution witnesses, with cooperation in the trial; regular appearance on every date fixed by the trial court unless exemption granted through counsel).ratio¶13
In the event of breach of any of the bail conditions, the court below is at liberty to proceed to cancel the bail.

Detailed headnote1 paragraphs

Bail granted – offences under Bharatiya Nyaya Sanhita, 2023 – parity with bailed co-accused. Applicant Suraj, in custody since 03.05.2025 in Case Crime No. 58 of 2025 (Sections 103(1), 61(2), 190, 191(2) BNS 2023; P.S. Jogiya Udaipur, District Siddharth Nagar), applied for bail under Section 483 BNSS 2023 pleading innocence, absence of criminal antecedent, falsity of the alleged danda recovery, and parity with co-accused Dhiraj and Sunnydewal, who had been enlarged on bail on 20.08.2025 in Criminal Misc. Bail Application No. 23439 of 2025; the A.G.A. opposed the prayer but conceded that the co-accused had already been granted bail. Considering the nature of accusations, severity of punishment, nature of supporting evidence, apprehension of witness-tampering and prima facie case, but without commenting on merits, the Court found a case for bail and allowed the application (Hon'ble Ashutosh Srivastava, J., 22.08.2025): release ordered on execution of a personal bond and two reliable sureties each, subject to conditions forbidding tampering with evidence, criminal activity and pressure/intimidation of prosecution witnesses, requiring cooperation in trial and regular attendance before the trial court, breach permitting the court below to cancel the bail.

Neutral Citation No. - 2025:AHC:145197

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26252 of 2025

Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Vijay Prakash Chaturvedi, learned counsel for the applicant, Shri Shashank Singh, learned counsel holding brief of learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Suraj, seeking enlargement on bail in Case Crime No. 58 of 2025, under Sections 103(1), 61(2), 190, 191(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Jogiya Udaipur, District- Siddharth Nagar.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Dhiraj and Sunnydewal have already been enlarged on bail by this Court on 20.08.2025 in Criminal Misc. Bail Application No. 23439 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. Alleged recovery of danda from the house of the applicant has been shown which is totally false and planted. The applicant has no criminal antecedent and 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 submits that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

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, Suraj , 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.

Order Date :- 22.8.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad