Chand vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Chand vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Chand on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to conditions (not to tamper with prosecution evidence, not to pressurize the prosecution witness, to appear on every date fixed by the trial court); liberty to the prosecution to move a bail cancellation application on breach of conditions.

Issue for consideration

Whether the applicant Chand, arraigned in Case Crime No. 228 of 2025 under Sections 105, 191(2), 191(3), 115(2), 351(2), 352, 109(1) B.N.S., Police Station Shahganj, District Agra, is entitled to be enlarged on bail during pendency of the trial.

Court's answer

On a prima facie view, and expressly without commenting on the merits, the applicant was held entitled to be enlarged on bail, in view of the simple injuries shown in the injured's medical report dated 7.5.2025, the postmortem cause of death (shock and myocardial infarction), parity with co-accused already granted bail, absence of criminal antecedents, confinement of more than six months, no likelihood of early conclusion of trial, and no reasonable apprehension brought forward by the State of tampering with evidence or intimidating witnesses.

Ratio / Principle

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, on conditions that he shall not tamper with prosecution evidence, shall not pressurize the prosecution witness, and shall appear on each and every date fixed by the trial court; on breach of any condition, the prosecution is at liberty to move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 64, Vivek Varma, J.), by order dated December 16, 2025, allowed Criminal Misc. Bail Application No. 43961 of 2025 and enlarged applicant Chand on bail in Case Crime No. 228 of 2025, under Sections 105, 191(2), 191(3), 115(2), 351(2), 352, 109(1) B.N.S., Police Station Shahganj, District Agra. Grounds: the medical report of the injured Shahrukh dated 7.5.2025 showed simple injuries; the postmortem attributed the death (21.05.2025) to shock and myocardial infarction; parity was claimed and accepted with co-accused Mubarak Ali, Pui Pui @ Jeeshan and Chhotu, already granted bail by this Court; the applicant had no criminal antecedents and had remained confined since 22.05.2025 for more than six months with no hope of early conclusion of trial; and no reasonable apprehension of tampering with evidence or intimidation of witnesses was brought forward by the State. The opinion was expressed prima facie and without commenting on the merits. Release ordered on a personal bond and two like sureties, with conditions against tampering and pressurizing witnesses and requiring appearance on all dates; breach entitles the prosecution to seek bail cancellation before this Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43961 of 2025

Chand

.....Applicant(s)

	Versus
State of U.P.	....	.Opposite Party(s)
Counsel for Applicant(s)	: Adil Nasir, Mohit Kumar Nasiruzzaman	Jaiswal,
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record.

The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 228 of 2025, under Sections 105, 191(2), 191(3), 115(2), 351(2), 352, 109(1) B.N.S., Police StationShahganj, District- Agra during pendency of the trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 06.05.2025. An N.C.R. was lodged at the concerned police station on 07.05.2025. As per the medical report of the injured Shahrukh dated 07.05.2025, the injuries received by him were simple in nature. The injured Shahrukh (now deceased) died on 21.05.2025 at 5 a.m. As per postmortem report, cause of death is shock and myocardial infarction. Further, the coaccused Mubarak Ali, Pui Pui @ Jeeshan and Chhotu have been granted bail by this court vide orders dated 9.10.2025, 8.10.2025 and 01.12.2025 passed in Criminal Misc. Bail Application Nos. 27023 of 2025, 26754 of 2025 and 42260 of 2025 respectively. The applicant claims parity. The applicant is in jail since 22.05.2025 having no criminal history. In case, he is enlarged on bail, he will not misuse the said liberty.

Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard counsel for the parties and having perused the record, this

BAIL No. 43961 of 2025

2

Court prima facie finds that as per the medical report of the injured Shahrukh dated 7.5.2025, the injuries received by him were simple in nature. As per postmortem report, cause of death is shock and myocardial infarction. The co-accused Mubarak Ali, Pui Pui @ Jeeshan and Chhotu have been granted bail by this court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant, Chand involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

i. the applicant shall not tamper with the prosecution evidence;

ii. the applicant shall not pressurize the prosecution witness;

iii. the applicant shall appear on each and every date fixed by the trial court.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

December 16, 2025 Lbm/-

(Vivek Varma,J.)

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad