Allowed¶16

Heera v. State of U.P.

Allahabad HC1 Dec 2025BAIL/40819/2025

Case brief

AI extract

What is this about?

Regular bail granted (parity-based) to accused-applicant Heera; Allahabad High Court; Justice Ashutosh Srivastava; decided 01.12.2025; Bail Application No. 40819 of 2025; Section 483 BNSS 2023; Case Crime No. 277 of 2025; P.S. Rajpura, District Sambhal; Sections 191(2), 191(3), 126(2), 109(1), 118(1), 115(2), 352, 351(3) BNS 2023; Section 7 Criminal Law Amendment Act; co-accused Faheem Alias Faeem and Tehseem bailed 27.11.2025 (Bail Appln. No. 39524 of 2025); custody since 07.10.2025; personal bond plus two sureties; standard bail conditions; cancellation clause on breach.

What did the court decide?

Release of accused-applicant Heera on bail in Case Crime No. 277 of 2025 on execution of a personal bond and two reliable sureties each, subject to the four enumerated bail conditions; breach of any condition entitles the court below to proceed to cancel his bail.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether accused-applicant Heera, detained since 07.10.2025 in Case Crime No. 277 of 2025 (P.S. Rajpura, District Sambhal), should be enlarged on bail, including on the ground of parity with co-accused Faheem Alias Faeem and Tehseem already enlarged on bail by this Court.

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Court's answer

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

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Ratio / Principle

The bail application is allowed.

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Key takeaways

Accused-applicant Heera 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 conditions: (1) no tampering with evidence; (2) no indulgence in criminal activity; (3) no pressurising/intimidating prosecution witnesses and cooperation in the trial; (4) regular appearance on each date fixed by the trial court unless exempted through counsel; and on breach of any condition the court below is at liberty to cancel his bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.; decided December 1, 2025) allowed Criminal Misc. Bail Application No. 40819 of 2025 filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused-applicant Heera, booked in Case Crime No. 277 of 2025, P.S. Rajpura, District Sambhal, under Sections 191(2), 191(3), 126(2), 109(1), 118(1), 115(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Criminal Law Amendment Act. Bail was granted principally on the ground of parity, co-accused Faheem Alias Faeem and Tehseem having been enlarged on bail by this Court on 27.11.2025 in Bail Application No. 39524 of 2025; the applicant had been in custody since 07.10.2025 with no criminal antecedent. Considering the nature of accusations, severity of punishment, supporting evidence and apprehension of tampering, without commenting on merits, the Court directed release on a personal bond with two reliable sureties each, subject to conditions against tampering, criminal activity and intimidation of witnesses and requiring regular trial attendance, with liberty to the court below to cancel bail on breach.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40819 of 2025

Heera

.....Applicant(s)

Versus

State of U.P.

		.....Opposite Party(s)
Counsel for Applicant(s)	: Saif Ullah, Sudhakar	Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Heera, seeking enlargement on bail in Case Crime No. 277 of 2025, under Sections 191(2), 191(3), 126(2), 109(1), 118(1), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law Amendment Act, Police Station- Rajpura, District- Sambhal.

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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 07.10.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Faheem Alias Faeem and Tehseem have already been enlarged on bail by this Court on 27.11.2025 in Criminal Misc. Bail Application No. 39524 of 2025, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. 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.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting

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BAIL No. 40819 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.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Heera , 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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December 1, 2025 Anjali

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(Ashutosh Srivastava,J.)

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Digitally signed by :- RAM MURTI KUSHWADEEPAK KUMAR KUS H WAHA A High Court of Judicature at Allahabad

Heera v. State of U.P.

Case brief

What is this about?

What did the court decide?

Heera v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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