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

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

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Chaman Singh in Case Crime No. 217 of 2022: release on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions of no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses with co-operation in the trial, and regular appearance before the trial court; breach entitles the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Chaman Singh is entitled to enlargement on bail in Case Crime No. 217 of 2022 (Sections 411, 413, 414, 427, 272 I.P.C. & Section 62 of Excise Act, P.S. Sirauli, District Bareilly).

Court's answer

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

Ratio / Principle

The bail application is allowed; the accused-applicant Chaman Singh 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.

Key takeaways

Release is subject to conditions: (i) the applicant will not tamper with the evidence; (ii) he will not indulge in any criminal activity; (iii) he will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial; and (iv) he 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.ratio¶20
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel the applicant's bail.ratio¶22

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by accused Chaman Singh in Case Crime No. 217 of 2022 (Sections 411, 413, 414, 427, 272 I.P.C. & Section 62 of Excise Act), Police Station Sirauli, District Bareilly, decided on December 1, 2025 by Hon'ble Ashutosh Srivastava, J. (Allahabad High Court, Court No. 68). Learned counsel urged that the applicant was innocent and falsely implicated, was not arrested on the spot, nothing incriminating was recovered from his possession, he had surrendered before the court below, was languishing in jail since 28.10.2025, and that co-accused Vishwapal @ Abhay, Annu @ Anuj Kumar Singh and Sumit @ Nanhey had already been released on bail by this Court in Criminal Misc. Bail Application Nos. 38129 of 2022, 37569 of 2022 and 30695 of 2022. The 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 the prima facie case, the Court allowed bail: release on a personal bond with two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating of prosecution witnesses and co-operation in trial, regular appearance before the trial court), breach whereof empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41364 of 2025

Chaman Singh

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Kunwar Janmejay Pratap Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Kunwar Janmejay Pratap Singh, learned counsel for the applicant, Shri Rahul Pandey, 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, Chaman Singh, seeking enlargement on bail in Case Crime No. 217 of 2022, under Sections 411, 413, 414, 427, 272 I.P.C. & Section 62 of Excise Act, Police Station- Sirauli, District- Bareilly.

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 28.10.2025. Learned counsel for the applicant submits that the applicant was not arrested on spot and nothing incriminating has been recovered from possession of the applicant. The applicant surrendered himself before the concerned court below. It is further submitted that the co-accused, Vishwapal @ Abhay, Annu @ Anuj Kumar Singh and Sumit @ Nanhey have already been granted bail by this Court in Criminal Misc. Bail Application No. 38129 of 2022, 37569 of 2022 and 30695 of 2022 dated 01.09.2022, 30.09.2022 and 27.07.2022, respectively. He has criminal antecedent of three cases 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.

BAIL No. 41364 of 2025

2

Accordingly, the bail application is allowed .

Let the accused-applicant, Chaman 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.

December 1, 2025 Anjali

(Ashutosh Srivastava,J.)

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad