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

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

What the court decided

AI extract

Outcome

Accused-applicant Satyam Pandey ordered 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: (i) not to tamper with evidence; (ii) not to indulge in any criminal activity; (iii) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (iv) to appear regularly on each date fixed by the trial court unless personal appearance is exempted through counsel; in the event of breach, the court below is free to proceed to cancel his bail.

Issue for consideration

Whether the accused-applicant should be enlarged on bail in Case Crime No. 578 of 2024, under Sections 109, 191(2), 191(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ramgarhtal, District Gorakhpur. +1 more

Court's answer

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

Ratio / Principle

The bail application is allowed and the accused-applicant shall be released on bail upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the stated conditions, breach of which entitles the court below to cancel his bail.

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Allahabad (Court No. 68), Neutral Citation 2025:AHC:34766, CRIMINAL MISC. BAIL APPLICATION No. 560 of 2025, Order Date 7.3.2025, Hon'ble Ashutosh Srivastava, J. Applicant Satyam Pandey moved a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlargement in Case Crime No. 578 of 2024, under Sections 109, 191(2), 191(3), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ramgarhtal, District Gorakhpur; in custody since 16.10.2024. Grounds urged: applicant innocent and not named in the FIR, his name surfacing through the statement of co-accused Vishal Yadav; no injured person in the case; nothing recovered from the applicant; parity — co-accused Vishal Yadav, Brij Mohan Nishad and Vinod Yadav @ Vinay Yadav already released on bail vide orders dated 22.1.2025, 22.11.2024 and 17.12.2024 passed in Crl. Misc. Bail Applications No. 44137 of 2024, 40228 of 2024 and 41713 of 2024 respectively; learned AGA, while opposing, did not dispute the co-accused parity. Weighing the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, and expressly without commenting on the merit of the case, the Single Member Court concluded a case for bail was made out. Application allowed: applicant to be released on executing a personal bond and two reliable sureties each in the like amount, subject to conditions — no tampering with evidence, no criminal activity, no pressurizing/intimidating of prosecution witnesses with cooperation in the trial, and regular appearance before the trial court unless exempted; breach of any condition enables the court below to cancel the bail. No precedent case was engaged; no monetary quantum stated (bond/surety amount left to the court concerned).