Amit Saraiya Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Amit Saraiya Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Amit Saraiya ordered released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions: (i) appear on dates fixed by the trial court; (ii) not tamper with prosecution evidence; (iii) not pressurise prosecution witnesses; breach of any condition entitles the prosecution to move a bail cancellation application before this Court.

Issue for consideration

Whether applicant Amit Saraiya is entitled to be enlarged on bail in Case Crime No. 28 of 2025 (Sections 115(2), 105 B.N.S.), Police Station Sahaso, District Etawah, during the pendency of the trial.

Court's answer

On perusal of the record, this Court prima facie finds that at this stage there is no substantive evidence that the applicant had intent to murder the deceased Satya Prakash (sentence runs across the Court's paragraph 6, completed in the continuation on the next page).

Ratio / Principle

After submission of the charge-sheet there is no hope of early conclusion of trial, and the State has brought forward no reasonable apprehension that the applicant, if enlarged on bail, would tamper with evidence, delay the trial or intimidate witnesses; the applicant has no criminal antecedents and has remained confined for almost three months.

Key takeaways

Without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.; decision dated October 8, 2025) grants bail to applicant Amit Saraiya in Case Crime No. 28 of 2025, under Sections 115(2) and 105 B.N.S., Police Station Sahaso, District Etawah, during pendency of trial. Prima facie the Court found no substantive evidence at this stage that the applicant intended to murder the deceased Satya Prakash; the applicant has no criminal antecedents, has remained confined for almost three months (in jail since 01.07.2025), the charge-sheet has been submitted with no hope of early trial conclusion, and the State raised no apprehension of evidence tampering, trial delay or witness intimidation. Without commenting on merits, the applicant was held entitled to bail on a personal bond with two sureties each in the like amount, conditioned on attendance at trial dates, non-tampering with prosecution evidence and non-pressurisation of prosecution witnesses; breach permits the prosecution to seek cancellation before this Court. Bond/surety amounts are not quantified in the judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27645 of 2025

Amit Saraiya

.....Applicant(s)

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

Court No. - 64

HON'BLE VIVEK VARMA, J.

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

Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 28 of 2025, under Sections 115(2), 105 B.N.S., Police Station Sahaso, District Etawah during the pendency of the trial.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The deceased died due to a road accident. The applicant had no intention to cause death of the deceased namely Satya Prakash. At this stage there is no credible evidence to link the applicant with the offence. The applicant is in jail since 01.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that at this stage there is no substantive evidence that the applicant had intent to murder Satya

BAIL No. 27645 of 2025

2

Prakash. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Amit Saraiya, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

(Vivek Varma,J.)

October 8, 2025 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad