Research › Search › Judgment

Allahabad High Court · body

2024 DAILYLAW 2882 (ALL)

UDAYVEER v. STATE OF U.P.

BAIL/23323/2024 · 2026-02-03

Ashutosh Srivastava

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23323 of 2024 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ashutosh Mishra and Sri Divyansh Rai, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A for the State and Sri Abhishek Gupta, learned counsel for the first informant and perused the record of the case. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Udayveer, with a prayer to release him on bail in Session Trial No. 7811 of 2024 arising out of Case Crime No. 387 of 2023 , under Sections 307, 323, 504, 506 & 34 I.P.C & Sections 9/25/27 of Arms Act, Police Station Jewar, District Gautam Buddh Nagar. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that the PW-1 has been recorded before the Trial Court and they turned hostile. He further submits that the PW-2 has also been examined before the Trial Court but he did not say anything against the applicant rather said that the applicant was not involved in the mar-pit. He submits that the applicant is languishing in jail since 24.12.2023 and 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. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid submission. Versus Counsel for Applicant(s) : Divyansh Rai, Krishna Kant Dubey, Premnendra Singh, Santosh Kumar Dubey Counsel for Opposite Party(s) : Abhishek Gupta, G.A. Udayveer .....Applicant(s) State of U.P. .....Opposite Party(s) 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 and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Udayveer, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 his bail. February 4, 2026 Vinod. BAIL No. 23323 of 2024 2 (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad