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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Jabir on bail in Case Crime No. 210 of 2023 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, cooperation in trial and regular appearance before the trial court; liberty to the court below to cancel bail on breach.

Issue for consideration

Whether the accused-applicant Jabir should be enlarged on bail in Case Crime No. 210 of 2023 under Sections 147, 148, 149, 323, 504, 506, 336, 324, 308 of the Indian Penal Code, Police Station Asmoli, District Sambhal.

Court's answer

Considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Jabir shall 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.ratio¶12
Release is subject to conditions: the applicant will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and will appear regularly on each date fixed by the trial court unless exempted; in the event of breach of any condition, the court below is at liberty to proceed to cancel his bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.), by order dated 18.4.2025 in Criminal Misc. Bail Application No. 5300 of 2025 (Neutral Citation 2025:AHC:57874), allowed bail to applicant Jabir under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Case Crime No. 210 of 2023 under Sections 147, 148, 149, 323, 504, 506, 336, 324, 308 IPC, Police Station Asmoli, District Sambhal. Counsel for the applicant argued that he was innocent and falsely implicated; the Police was the first informant; all injuries were simple except injury No. 1 on injured Sattar; Sattar's statement recorded before the Police assigned a general role to all accused persons but he levelled a specific role against the applicant when questioned, indicating police pressure and contradiction with the FIR version; the applicant had no criminal antecedent and was in jail since 23.1.2025. The Learned AGA opposed the bail prayer. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, without commenting on merits, the court allowed bail on a personal bond and two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, cooperation in trial, regular appearance), with liberty to the court below to cancel bail on breach of any condition.

Neutral Citation No. - 2025:AHC:57874

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5300 of 2025

Applicant :- Jabir Opposite Party :- State of U.P. Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Rajesh Yadav, learned counsel for the applicant, Shri S. K. Rai, 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 accusedapplicant, Jabir, seeking enlargement on bail in Case Crime No. 210 of 2023, under Sections 147, 148, 149, 323, 504, 506, 336, 324, 308 of the Indian Penal Code, Police Station Asmoli, District Sambhal.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.1.2025. Learned counsel for the applicant submits that in this case Police is the first informant, who has lodged FIR against the applicant. All the injuries received by the injured are simple in nature except injury No. 1 received on the person of injured Sattar. Learned counsel for the applicant submits that injured Sattar in his statement recorded before the Police, annexed at Page 61 of bail application, has assigned general role to all the accused persons, but when the Police has put the question and answer to injured Sattar, then injured Sattar has levelled specific role against the applicant, which shows that Police has forced him to take the name of applicant. Thus, there is contradiction in the statement of injured Sattar as well as in the FIR version. He 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.

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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Jabir , 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.

Order Date :- 18.4.2025 Ravi Prakash

(Ashutosh Srivastava, J.)

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