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

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

What the court decided

AI extract

Outcome

Applicant Sukhvendra Kumar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he (i) appear on dates fixed by the trial court, (ii) not tamper with prosecution evidence, and (iii) not pressurize prosecution witnesses; in case of breach, the prosecution shall be at liberty to move a bail-cancellation application before this Court.

Issue for consideration

Whether Sukhvendra Kumar, booked in Case Crime No. 06 of 2025 (Police Station Nawabganj, District Prayagraj) under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) BNS, is entitled to be enlarged on bail during the pendency of trial. +1 more

Court's answer

Without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

This Court prima facie finds that there is no independent witness to the alleged recovery shown from the joint possession of the applicant and the co-accused.

Key takeaways

The applicant has no criminal antecedents, has remained confined for more than two months, and there is no hope of early conclusion of trial.ratio¶10
No reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would tamper with evidence, delay the trial or intimidate witnesses.ratio¶10

Detailed headnote1 paragraphs

Bail application under S. 483 BNSS (CRIMINAL MISC. BAIL APPLICATION No. 7981 of 2025, High Court of Judicature at Allahabad, Neutral Citation 2025:AHC:32166, Vivek Varma J., Order Date 6.3.2025) by applicant Sukhvendra Kumar against State of U.P., seeking enlargement in Case Crime No. 06 of 2025, Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) BNS, Police Station Nawabganj, District Prayagraj, during pendency of trial. Alleged recovery of Aadhar Cards, ATM Cards, passbooks, PAN cards and cheque books from joint possession of applicant and co-accused; recovery of Rs. 1,060/- and a mobile phone shown from the applicant. Court prima facie found no independent witness to the alleged recovery; applicant has no criminal antecedents; in jail since 03.01.2025 (confinement of more than two months); no hope of early conclusion of trial; no reasonable apprehension raised by the State of tampering with evidence, delaying trial or intimidating witnesses; accordingly, without commenting on the merits of the case, applicant held entitled to bail and ordered released on a personal bond and two sureties each in the like amount, subject to conditions of appearance on dates fixed by the trial court, non-tampering with prosecution evidence and non-pressurisation of prosecution witnesses, breach whereof entitles the prosecution to seek bail cancellation before this Court.

Neutral Citation No. - 2025:AHC:32166

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7981 of 2025

Applicant :- Sukhvendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajani Kant,Vipin Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-respondent and perused the record.

The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 06 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) BNS, Police Station Nawabganj, District Prayagraj, during the pendency of trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of Aadhar Cards, ATM Cards, passbooks, PAN cards and cheque books have been shown from the joint possession of the applicant and other co-accused. There is no independent witness to the alleged recovery. Recovery of Rs. 1,060/- and a mobile phone has also been shown from the applicant. The said Indian currency and the mobile phone belong to the applicant. The applicant is in jail since 03.01.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has 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 Court prima facie finds that there is no independent witness to the alleged recovery. The applicant has no criminal antecedents. The applicant has remained confined for more than two 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 delay the trial 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 Sukhvendra Kumar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

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

Order Date :- 6.3.2025 Lbm/-

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