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

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

What the court decided

AI extract

Outcome

Release on bail of the accused-applicant Sumit Singh on executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in the trial; regular appearance on every date fixed by the trial court unless exempted through counsel), with liberty to the court below to proceed to cancel bail on breach of any condition.

Issue for consideration

Whether bail should be granted to the accused-applicant Sumit Singh in Case Crime No. 99 of 2025 (Police Station Khudaganj, District Shahjahanpur) during the pendency of the trial.

Court's answer

Considering all facts and circumstances, the nature of accusations, the severity of punishment in the event of conviction, the nature of supporting evidence, the reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merit of the case, the single-judge bench held that a case for bail was made out.

Ratio / Principle

The bail application was allowed: the accused-applicant Sumit Singh is to be released on bail upon executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to conditions that he will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial and appear regularly on dates fixed by the trial court unless his personal appearance is exempted through counsel; on breach of any condition, the court below is at liberty to cancel his bail.

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad (Hon'ble Ashutosh Srivastava, J.), Criminal Misc. Bail Application No. 36687 of 2025, decided November 3, 2025. Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Sumit Singh, in custody since 23.4.2025, in Case Crime No. 99 of 2025 under Sections 351 (3), 352, 131, 109 (1), 326 (F) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of the Arms Act, Police Station Khudaganj, District Shahjahanpur, trial pending before the court below; charge sheet filed 23.6.2025. Applicant's counsel argued innocence, false implication, a 02-day delay in lodging the FIR without plausible explanation, absence of any eye-witness to the ablazing of the car, no injuries on the first informant, and 06 criminal antecedents sufficiently explained; learned AGA opposed the prayer. Without commenting on the merits, and weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of witness-tampering and prima facie case, the bench found a case for bail made out and allowed the application, releasing the applicant on a personal bond and two reliable sureties each subject to conditions of non-tampering, abstention from criminal activity, non-intimidation of prosecution witnesses with cooperation in the trial, and regular appearance before the trial court, breach whereof entitles the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 36687 of 2025

Sumit Singh

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Om Narayan Pandey
Counsel for Opposite Party(s)	:	G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Om Narayan Pandey, learned counsel for the applicant, Shri Ajay Kumar Singh, 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 accused-applicant, Sumit Singh, seeking enlargement on bail in Case Crime No. 99 of 2025, under Sections 351 (3), 352, 131, 109 (1), 326 (F) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Khudaganj, District Shahjahanpur, during the pendency of the trial before the Court below.

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 23.4.2025. Learned counsel for the applicant submits that FIR has been lodged with the delay of 02 days and no plausible explanation has been given for delay in lodging the FIR. No one has seen the applicant to ablaze the car. First informant had not received any injuries on his person. Charge sheet in this case has already been filed on 23.6.2025. He has 06 cases of criminal antecedent, which has sufficiently been explained 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

BAIL No. 36687 of 2025

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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, Sumit Singh , 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.

(Ashutosh Srivastava,J.)

November 3, 2025

Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad