Pooran Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Pooran Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Pooran on bail in Case Crime No. 707 of 2024 (Police Station Shikohabad, District Firozabad) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions of attendance, non-inducement/non-tampering and abstention from criminal or anti-social activity, with liberty to the prosecution to seek cancellation before this Court on breach.

Issue for consideration

Whether the applicant Pooran should be released on bail during pendency of trial in Case Crime No. 707 of 2024, under Sections 111(2)(b) and 61(b) BNS and Sections 3/5, 25/27 Arms Act, Police Station Shikohabad, District Firozabad. +1 more

Court's answer

In the court's view the applicant is entitled to be released on bail, considering (i) parity with similarly placed co-accused Raju, already released on bail by a Coordinate Bench of this Court (order dated 5.5.2025 in Criminal Misc. Bail Application No. 6701 of 2025); (ii) the applicant's criminal history of four other cases explained in the instant bail application/supplementary affidavit; and (iii) custody since 20.11.2024, i.e., more than five months.

Ratio / Principle

Without expressing any opinion on the merits, the instant bail application is allowed, and the applicant Pooran is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Release is subject to conditions: (i) appearance before the trial court on dates fixed unless personal presence is exempted; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police, and no tampering with evidence; (iii) no indulgence in criminal and anti-social activity; and on breach of any condition the prosecution may move this Court for cancellation of bail.ratio¶21
Expressly clarified that the observations made herein are limited to the facts brought in by the parties pertaining to disposal of the bail application and shall have no bearing on the merits of the case during trial (the court throughout expressed no opinion on merits).obiter¶22

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sameer Jain, J.; Order Date 19.5.2025; Neutral Citation 2025:AHC:83630) allowed bail to applicant Pooran in Criminal Misc. Bail Application No. 7327 of 2025 concerning Case Crime No. 707 of 2024, under Sections 111(2)(b) and 61(b) BNS and Sections 3/5, 25/27 Arms Act, Police Station Shikohabad, District Firozabad, pending trial. Grounds relied on: (i) parity — similarly placed co-accused Raju had already been released on bail by a Coordinate Bench of the same Court by order dated 5.5.2025 in Criminal Misc. Bail Application No. 6701 of 2025; (ii) the applicant's criminal history of four other cases had been explained in the supplementary affidavit, counsel asserting false implication in all four; and (iii) the applicant had been in jail since 20.11.2024, i.e., for more than five months. Although challaned for an offence under Section 111 BNS, counsel contended there was no evidence of membership of any organized crime syndicate; the learned AGA opposed bail but could not dispute the factual arguments. Release ordered on a personal bond and two sureties each in the like amount, subject to conditions of attendance before the trial court, no inducement/threat/promise or tampering with evidence, and abstention from criminal or anti-social activity, with breach permitting the prosecution to seek cancellation before this Court. The Court expressly refrained from opining on the merits and clarified that its observations were limited to disposal of the bail application and would have no bearing on the merits during trial.