Allowed

Sudhir v. State of U.P.

Allahabad HC3 Mar 2025BAIL/4305/2025

Case brief

AI extract

What is this about?

Second bail application under Sections 323, 364, 302 IPC in a murder case; trial part-heard with several witnesses hostile. Court allowed bail on personal bond with two sureties, imposing conditions including no tampering with evidence and expeditious trial.

What did the court decide?

Applicant Sudhir released on bail on personal bond and two sureties, with conditions against tampering, harassment, and misuse of liberty; expedited trial directed.

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

¶1

Neutral Citation No. - 2025:AHC:109015

¶2

Court No. - 5

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4305 of 2025

¶4

Applicant :- Sudhir Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

Heard Sri Mohammad Faisal Khan, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State.

¶7

This is second bail application. First bail application of applicant was rejected on 23.05.2024.

¶8

Applicant- Sudhir has again approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 61 of 2023, under Sections 323, 364, 302 IPC, Police Station Sikhera, District Muzaffar Nagar.

¶9

In pursuance of the order passed by this Court, learned Trial Court has submitted status report dated 12.03.2025 that out of proposed 14 prosecution witnesses, testimony of 8 witnesses have already been examined and presently it is at the stage of cross-examination of P.W.-9 and P.W.-10.

¶10

Learned counsel for applicant submits that material witnesses examined so far have not supported the case of prosecution and have been declared hostile.

¶11

The aforesaid facts and submissions are verified by learned A.G.A. for State.

¶12

Taking note of nature of evidence that material witnesses have not supported the case of prosecution, therefore, a case for bail is made out.

¶13

Accordingly, bail application is allowed .

¶14

Trial Court will take all endeavour to expedite the trial.

¶15

Let the applicant- Sudhir be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the

¶16

Court concerned with the following conditions which are being imposed in the interest of justice:-

¶17

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶18

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶19

(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

¶20

(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

¶21

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶22

It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

¶23

Order Date :- 9.7.2025 P. Pandey

¶24

Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Sudhir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ashwani vs State of U.P. and 3 Others

Nizamuddin vs State of U.P.

Madan Lal Alias Puttu vs State of U.P.

Shailesh Kumar Shukla vs State of U.P. and Another

Sachin Kumar vs State of U.P. and 2 Others

Santosh Kumar vs State of U.P. and 5 Others