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

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

What the court decided

AI extract

Outcome

Release/enlargement of applicant Deepak Kumar @ Deepak on bail upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to five enumerated conduct conditions; breach of any condition entitles the trial court to revoke the bail as per law.

Issue for consideration

Whether applicant Deepak Kumar @ Deepak, booked under Case Crime No. 81 of 2024 (District Chandauli) for offences under Sections 191(2), 191(3), 190, 121, 132, 115(2), 352, 351, 221 and 109 B.N.S., ought to be enlarged/released on bail.

Court's answer

After comprehensively reviewing the material facts and circumstances available on record in light of the arguments of counsel for the applicant, and taking into account the nature of the offences, the absence of any hard/stiff opposing material, and the fact that there is no possibility of tampering with the available material, the Court held that there is adequate basis/ground for releasing the applicant on bail.

Ratio / Principle

Without making any comment on the merits or demerits of the case, the Court ordered the applicant to be released on bail in respect of the offences mentioned above, upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the five conditions enumerated in the order.

Key takeaways

Five conduct conditions were imposed on the applicant while on bail — (1) no tampering/interference with prosecution-investigation witnesses during discussion or examination; (2) no threatening or intimidation of investigation targets, victims or complainants; (3) compliance with court orders, appearance on scheduled dates without unnecessary delay, and honest cooperation in examination; (4) no misuse of the liberty of bail and no involvement in any criminal activity or criminal acts after release; (5) no inducement or threat, direct or indirect, to any person or police officer acquainted with the facts of the case designed to dissuade them from disclosing facts before the Court — and in the event of breach of any of these conditions, the trial court is free to revoke the applicant's bail as per law.ratio¶17

Detailed headnote1 paragraphs

Bail granted — Allahabad High Court (Court No. 86), CRIMINAL MISC. BAIL APPLICATION No. 8522 of 2025, Deepak Kumar @ Deepak v. State of U.P., decided 23-04-2025 by Dr. Gautam Chowdhary, J. (Neutral Citation 2025:AHC:61689). Applicant booked under Case Crime No. 81 of 2024, District Chandauli, for offences under Sections 191(2), 191(3), 190, 121, 132, 115(2), 352, 351, 221 and 109 B.N.S. On comprehensive review of the material facts and circumstances on record — the nature of the offences, the absence of any hard opposing material, and the absence of any possibility of tampering with the available material — the Court, without comment on the merits of the case, ordered release on bail upon furnishing a personal bond and two sureties of the like amount, subject to five conduct conditions (non-tampering with investigation witnesses; no intimidation of investigation targets/victims/complainants; compliance with court orders and punctual appearance with honest cooperation; non-misuse of bail liberty and no fresh criminal activity; no inducement or threat to witnesses or police officers acquainted with the case facts), breach of any of which empowers the trial court to revoke the bail as per law. Counsel had urged parity with co-accused Narayan @ Golgul (Bail Application No. 8632 of 2025, stated accepted 12-03-2025 by another bench of this Court) and noted custody since 01-02-2025.