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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Sunil Dom on bail upon executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions: (1) not tamper with the evidence; (2) not indulge in any criminal activity; (3) not pressurize/intimidate the prosecution witnesses and co-operate in the trial; (4) appear regularly on each date fixed by the trial court unless exempted through counsel; breach of any condition entitles the court below to proceed to cancel the bail.

Issue for consideration

Whether the accused-applicant Sunil Dom should be granted enlargement on bail in Case Crime No. 219 of 2024, Police Station Dokati, District Ballia (offence under Sections 109, 352, 115 (2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of the Arms Act).

Court's answer

Weighing the facts and circumstances, nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of witness-tampering and prima facie case, the court concluded that a case for bail was made out, expressly without commenting on the merits of the case.

Ratio / Principle

The bail application was allowed and the court directed that the accused-applicant Sunil Dom be released on bail on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned.

Key takeaways

Release was made conditional on: (i) not tampering with evidence; (ii) not indulging in criminal activity; (iii) not pressurizing/intimidating prosecution witnesses and co-operating in the trial; and (iv) regular appearance on each date fixed by the trial court unless exempted through counsel; breach of any condition gives the court below liberty to cancel the bail.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Court No. - 68), Hon'ble Ashutosh Srivastava, J. — Criminal Misc. Bail Application No. 6477 of 2025 (Neutral Citation 2025:AHC:75378; Order Date 9.5.2025). Bail application moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for accused Sunil Dom, implicated in Case Crime No. 219 of 2024, Police Station Dokati, District Ballia, under Sections 109, 352, 115 (2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of the Arms Act. Applicant languishing in jail since 7.11.2024; counsel pleaded innocence, general allegations with no specific role, simple injuries, and one criminal antecedent sufficiently explained; Learned AGA opposed. Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, but without commenting on merit, the court found a case for bail and allowed the application: release on a personal bond and two reliable sureties each, subject to conditions of no evidence-tampering, no criminal activity, no pressure on witnesses with co-operation in trial, and regular appearance before the trial court, breach permitting the court below to cancel the bail.

Neutral Citation No. - 2025:AHC:75378

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6477 of 2025

Applicant :- Sunil Dom Opposite Party :- State of U.P. Counsel for Applicant :- Raghawendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Supplementary affidavit is taken on record.

Heard Shri Shital under the authority of Shri Raghawendra Singh, learned counsel for the applicant, Shri Rajesh Kumar Singh, 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, Sunil Dom , seeking enlargement on bail in Case Crime No. 219 of 2024, under Sections 109, 352, 115 (2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 4/25 of Arms Act, Police Station Dokati, District Ballia.

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 7.11.2024. Learned counsel for the applicant submits that general allegations have been levelled against the accused persons arrayed in the FIR. No specific role has been assigned to the applicant. Injuries suffered by the injured are simple in nature. He has one case of criminal antecedent, which have sufficiently been explained 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, Sunil Dom , 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 :- 9.5.2025 Ravi Prakash

(Ashutosh Srivastava, J.)

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