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

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

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the accused-applicant Suman, prosecuted in Case Crime No. 06 of 2025 under Sections 191(2), 115(2), 351(2), 352, 324(4), 333, 110, 105 of the Bharatiya Nyaya Sanhita, 2023 (Police Station Sikara, District Jaunpur), should be enlarged on bail.

Court's answer

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness, mandate of the 1st proviso of Section 480(1) of B.N.S.S and prima facie case, but without commenting on merit of case, a case for bail is made out.

Ratio / Principle

The bail application is allowed: the accused-applicant Suman is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to stated conditions; in the event of breach of any condition, the court below will be at liberty to proceed to cancel her bail.

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.), decided 12 September 2025 — Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by Suman, accused in Case Crime No. 06 of 2025 under Sections 191(2), 115(2), 351(2), 352, 324(4), 333, 110, 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sikara, District Jaunpur; applicant in jail since 16.01.2025 with no criminal antecedent; similarly circumstanced co-accused Prema and Meera Devi already enlarged on bail by a Co-ordinate Bench on 13.05.2025 in Criminal Misc. Bail Application No.13951 of 2025. Weighing the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness, mandate of the 1st proviso of Section 480(1) of B.N.S.S and prima facie case, and without commenting on merit of case, the Court found a case for bail and allowed the application: release on a personal bond and two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, cooperation in trial, regular appearance before the trial court); breach empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9182 of 2025

Suman

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ved Prakash Pandey, Yogesh Krishna Mishra
Counsel for Opposite Party(s)	: Anurag Yadav, Ray Sahab Yadav, G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri V. P. Pandey, learned counsel for the applicant, Sri Manoj Kumar Singh, learned AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 06 of 2025, under Sections 191(2), 115(2), 351(2), 352, 324(4), 333, 110, 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sikara, District Jaunpur.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.01.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Prema and Meera Devi have already been enlarged on bail by the Co-ordinate Bench of this Court on 13.05.2025 in Criminal Misc. Bail Application No.13951 of 2025. He submits that the applicant has no criminal antecedent 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

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, mandate of the 1st proviso of Section 480(1) of B.N.S.S and prima facie case, but

BAIL No. 9182 of 2025

2

without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Suman, 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 her 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 her bail.

September 12, 2025 pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad