Amar Kumar Chaudhary vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Amar Kumar Chaudhary vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Amar Kumar Chaudhary on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before issuing the release order, subject to conditions: (i) not tampering with evidence during trial, (ii) not pressurising/intimidating prosecution witnesses, (iii) appearing before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, booked in Case Crime No. 85 of 2025 under Section 103(1) B.N.S., P.S. Harraiya, Dist. Basti (offence of running over the deceased with a pick-up vehicle attributed to Anil Chaudhary, with alleged conspiracy assigned to the applicant), deserves bail during the pendency of trial.

Court's answer

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and the evidence on record, and expressly without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail.

Ratio / Principle

The bail application being allowed, the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before the release order is issued, subject to the conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶22

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. 29590 of 2025 — Amar Kumar Chaudhary v. State of U.P. — High Court of Judicature at Allahabad, Court No. 65 (Hon'ble Krishan Pahal, J.), September 4, 2025. The applicant, booked in Case Crime No. 85 of 2025 under Sections 103(1) B.N.S., Police Station Harraiya, District Basti, sought bail during the pendency of trial. Counsel argued that the applicant was innocent and falsely implicated: the offence of running over the deceased person with the pick-up vehicle was assigned to Anil Chaudhary, while the applicant was alleged to have hatched the conspiracy; the applicant is the son of the deceased, lived separately at Delhi, stood on a different footing from the main accused persons, and had no criminal antecedents; he had been in jail since 04.04.2025. The learned A.G.A. opposed the application. Considering the facts and circumstances, the submissions of counsel and the evidence on record, and expressly without expressing any opinion on the merits, the Court found that the applicant had made out a case for bail and allowed the application: release ordered on a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before the release order, subject to conditions against tampering with evidence, pressurising/intimidating prosecution witnesses, and failure to appear before the trial court on fixed dates, breach constituting ground for cancellation; observations were expressly stated not to affect the trial Judge's independent opinion based on witness testimony.