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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Arjun 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 co-operate in the trial; (4) to appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel; in the event of breach of any condition, the court below is at liberty to proceed to cancel the bail.

Issue for consideration

Whether the accused-applicant Arjun, involved in Case Crime No. 203 of 2025 under Sections 8/20/29/60 of N.D.P.S. Act, Police Station Shikohabad, District Firozabad, deserves to be enlarged on bail on the application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and 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; accused-applicant Arjun 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 stated conditions, and on breach of any condition the court below is at liberty to proceed to cancel his bail.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashutosh Srivastava, J.), deciding on October 10, 2025, allowed Criminal Misc. Bail Application No. 27117 of 2025 moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Arjun for enlargement on bail in Case Crime No. 203 of 2025, under Sections 8/20/29/60 of N.D.P.S. Act, Police Station Shikohabad, District Firozabad. The applicant, in custody since 31.03.2025 and claiming innocence and absence of criminal antecedent, sought parity with similarly circumstanced co-accused Dharmendra and Narendra Singh alias Chhotu, already enlarged on bail by the Co-ordinate Bench vide orders dated 16.09.2025 and 05.08.2025 in Criminal Misc. Bail Application Nos. 17879 of 2025 and 20201 of 2025; the learned AGA opposed the prayer but could not dispute the aforesaid facts. Weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of witness-tampering and the prima facie case, without commenting on merits, the court found a case for bail, allowed the application, and directed release on a personal bond and two reliable sureties each in the like amount, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses with co-operation in trial; regular appearance on trial dates), with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27117 of 2025

Arjun

.....Applicant(s)

Versus

State of U.P.

		.....Opposite Party(s)
Counsel for Applicant(s)	: Abhishek Vishwakarma, Ojha	Ramesh Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Counter affidavit filed today by learned AGA is taken on record.

Heard learned counsel for the applicant, Sri Puneet Kumar 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. 203 of 2025, under Sections 8/20/29/60 of N.D.P.S. Act, Police Station Shikohabad, District Firozabad.

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 31.03.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Dharmendra and Narendra Singh alias Chhotu have already been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 16.09.2025 and 05.08.2025 in Criminal Misc. Bail Application Nos. 17879 of 2025 and 20201 of 2025. He submits that 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 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

BAIL No. 27117 of 2025

2

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, Arjun, 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 10, 2025 pks

(Ashutosh Srivastava,J.)

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