Neeraj vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Neeraj vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Neeraj on bail in Case Crime No. 368 of 2024 (P.S. Babina, District Jhansi) on executing a personal bond and furnishing two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with evidence; (ii) not to indulge in criminal activity; (iii) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (iv) regular appearance 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 cancel the bail.

Issue for consideration

Whether the accused-applicant Neeraj is entitled to be enlarged on bail in Case Crime No. 368 of 2024, Police Station Babina, District Jhansi, booked under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act.

Court's answer

Considering the nature of accusations, the severity of punishment in case of conviction, the nature of supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merits, the Court held that a case for bail is made out.

Ratio / Principle

The bail application was accordingly allowed.

Key takeaways

The accused-applicant Neeraj was directed to be released on bail on his executing a personal bond and furnishing two reliable sureties each, in the like amount, to the satisfaction of the court concerned.ratio¶¶13
Release was subject to conditions (non-tampering with evidence, no indulgence in criminal activity, no pressurizing/intimidating of prosecution witnesses with cooperation in trial, and regular appearance on each date fixed by the trial court unless exempted through counsel); in the event of breach of any condition, the court below is at liberty to cancel the bail.ratio¶¶18

Detailed headnote1 paragraphs

Bail allowed - Neeraj - Case Crime No. 368 of 2024, P.S. Babina, District Jhansi - Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) Bharatiya Nyaya Sanhita, 2023 and Section 3/25 Arms Act. The applicant, in jail since 18.09.2024 and pleading parity with co-accused Jitendra Singh and Monu Singh Yadav (already enlarged by this Court by orders dated 03.01.2025 in Criminal Misc. Bail Application No. 47319 of 2024 and dated 13.02.2025 in Criminal Misc. Bail Application No. 46811 of 2024), moved the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Without commenting on the merits, and weighing the nature of accusations, severity of punishment on conviction, supporting evidence, apprehension of witness-tampering and the prima facie case, the Court found a case for bail and ordered release on a personal bond with two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with cooperation in trial, and regular trial-court attendance; breach of any condition empowers the court below to cancel the bail.

Neutral Citation No. - 2025:AHC:31478

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 362 of 2025

Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Manglam Pandey Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Manglam Pandey, learned counsel holding brief of Sri Amit Daga, learned counsel for the applicant, Shri S.K. Ojha, 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, Neeraj, seeking enlargement on bail in Case Crime No. 368 of 2024, under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 Arms Act, Police Station- Babina, District- Jhansi.

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 18.09.2024. It is submitted that similarly placed co-accused, Jitendra Singh and Monu Singh Yadav, have already been enlarged on bail of this Court by order dated 03.01.2025 and 13.02.2025 passed in Criminal Misc. Bail Application No. 47319 of 2024, and 46811 of 2024 copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Jitendra Singh and Monu Singh Yadav, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He 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.

Learned AGA has vehemently opposed the prayer for bail.

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, Neeraj 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 :- 4.3.2025 v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad