Sandeep Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

Sandeep Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: applicant Sandeep to be released on bail in Case Crime No.0107 of 2025 on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, subject to the six conditions imposed in the interest of justice.

Issue for consideration

Whether the applicant Sandeep, involved in Case Crime No.0107 of 2025 under Sections 303(2), 317(2), 123 of B.N.S.2023 (Police Station Kotwali Cantt, District Ayodhya) and in jail since 21.05.2025, should be enlarged on bail while the investigation is ongoing.

Court's answer

On due consideration of the submissions, the record, the explained criminal history, custody since 21.05.2025, the offence being triable by Magistrate and the applicant's undertaking to cooperate in the investigation, the court found it a fit case for enlarging the applicant on bail, expressly without expressing any opinion on the merits of the case.

Ratio / Principle

The applicant shall be released on bail on furnishing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the trial court concerned.

Key takeaways

The bail enlargement was made subject to conditions imposed in the interest of justice: the applicant shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, shall not make any inducement, threat or promise to dissuade disclosure of facts, shall file an undertaking not to seek adjournments when witnesses are present, and shall remain present before the trial court on each date; default may attract proceedings under Section 82 Cr.P.C./Section 84 BNSS proclamation and Sections 229-A/174-A of the Indian Panel Code (now Sections 269/209 BNS).ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 15) — Karunesh Singh Pawar, J. — Criminal Misc. Bail Application No. 8343 of 2025, decided November 6, 2025. Applicant Sandeep, booked in Case Crime No. 0107 of 2025 under Sections 303(2), 317(2), 123 of B.N.S.2023 at Police Station Kotwali Cantt, District Ayodhya, granted bail while investigation was ongoing. Grounds relied on: offence triable by Magistrate; alleged recovery of five Trika 0.25 gram tablets, a Samsung mobile phone and Rs.220/- contended to be false with no independent witness; criminal history of five cases explained in para-27 of the supporting affidavit; applicant in jail since 21.05.2025 and undertaking to cooperate in investigation. Release ordered on a personal bond and two reliable sureties each in the like amount, subject to conditions barring tampering with evidence, intimidation of witnesses and adjournments, with consequences flagged via Section 82 Cr.P.C. (now Section 84 BNSS) proclamation and Sections 229-A/174-A of the Indian Panel Code (printed as such) now Sections 269/209 BNS. No opinion expressed on merits; no precedent cited; no dissent.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 8343 of 2025

Sandeep

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko

.....Opposite Party(s)

Counsel for Applicant(s)	: Archana Rawat, Rahul Kumar Kaushal
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned A.G.A. for the Staterespondent and perused the record.

Learned counsel for the applicant submits that the offence is triable by Magistrate. The alleged recovery of 5 tablets of Trika 0.25 gram and one mobile phone of Samsung company as well as recovery of Rs.220/- is false. There is no independent witness of the said recovery. The applicant has been falsely implicated in this case. The applicant has explained the criminal history of five cases in para-27 in the affidavit filed in support of the bail application. There is no other case registered against the applicant. The applicant undertakes to cooperate in the investigation and he is in jail since 21.05.2025.

Learned A.G.A. has opposed the bail prayer and submits that the investigation is going on.

On due consideration to the submission advanced, perusal of the record as also the fact the applicant has explained the criminal history, he is in jail since 21.05.2025, the offence is triable by Magistrate, the applicant undertakes to cooperate in the investigation and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant-Sandeep, involved in Case Crime No.0107 of 2025, under Sections 303(2), 317(2), 123 of B.N.S.2023, Police Station Kotwali Cantt, District- Ayodhya be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of

BAIL No. 8343 of 2025

2

the trial court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).

(Karunesh Singh Pawar,J.)

November 6, 2025 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench