Allowed¶10

Suman Yadav v. State of U.P.

Allahabad HC19 Mar 2025BAIL/9274/2025

Case brief

AI extract

What is this about?

Allahabad High Court, CRIMINAL MISC. BAIL APPLICATION No. 9274 of 2025 (decided 20.5.2025) by Chandra Dhari Singh, J. Suman Yadav v. State of U.P. — bail under Section 483 BNSS 2023 in Case Crime No. 11 of 2025, Sections 309(4) & 317(2) BNS 2023, P.S. Sirsaganj, District Firozabad; custody since 09.01.2025; charge-sheet dated 25.01.2025; release on personal bond of Rs. 50,000/- with two sureties in like amount; conditions incl. Section 313 Cr.P.C./351 BNSS appearance.

What did the court decide?

Release of applicant Suman Yadav on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount, subject to conditions of non-tampering with evidence and personal appearance before the Trial Court at specified stages; sureties to be verified before release order. ¶10

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Suman Yadav should be enlarged on bail in Case Crime No. 11 of 2025, under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sirsaganj, District Firozabad.

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Court's answer

The bail application is allowed and the applicant is granted bail, without expressing any opinion on the merits of the case.

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Ratio / Principle

The applicant shall be released on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuing the release order.

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Key takeaways

Condition of bail: the applicant shall not tamper with evidence.ratio¶12
Condition of bail: the applicant shall remain present in person before the Trial Court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 B.N.S.S.; deliberate or unjustified absence may be treated as abuse of liberty of bail and proceeded against in accordance with law.ratio¶13
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Suman Yadav, accused in Case Crime No. 11 of 2025 under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sirsaganj, District Firozabad. Applicant in custody since 09.01.2025 with no previous criminal history; investigation complete, charge-sheet filed on 25.01.2025 and cognizance taken; trial not likely to conclude soon and no likelihood of misuse of bail indicated. Bail allowed without expressing any opinion on merits, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of non-tampering with evidence and presence before the Trial Court at specified stages; breach of conditions to be a ground for cancellation of bail.

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Neutral Citation No. - 2025:AHC:84750

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9274 of 2025

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Applicant :- Suman Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, seeking enlargement on bail in Case Crime No. 11 of 2025, under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sirsaganj, District Firozabad during the trial of the case.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is also submitted that the applicant is not named in the FIR. He was arrested along with co-accused by the police on the information received from the informer and on arrest, the police has allegedly shown recovery of one wagon car, aadhar card, 12 bore countrymade pistol and live cartridges without following procedure prescribed under law. There are no independent witness of the said recovery. It is further submitted that the applicant is languishing in jail since 09.01.2025 and has no previous criminal history but he has been falsely implicated in once case after arrest. It is next submitted that the investigation has been completed. The charge-sheet has been filed on 25.01.2025. The cognizance has already been taken by the competent court. There is no possibility of completion of trial in near future. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail.

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Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments.

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Heard Sri Ajay Vikram Yadav, learned counsel for the applicant as well as Sri Vijay Kumar Rathi, learned counsel for the State and perused the record.

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It is admitted fact that the applicant is languishing in jail since 09.01.2025. There are no previous criminal history. In one case, the applicant has been falsely implicated after arrest. The investigation has been completed. The charge-sheet has been filed and the cognizance has already been taken by the competent court as stated above. There are no chance for completion of trial in the near future. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he will misuse the bail conditions. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

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Let the applicant- Suman Yadav who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 20.5.2025 Pratima

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(Chandra Dhari Singh,J.)

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Suman Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suman Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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