SUNDARAM GURJAR ALIAS CHAUDHARY ALIAS AKSHAY PRATAP SINGH v. STATE OF U.P.
BAIL/33390/2025 · 2025-10-09
body2025
DailyLaw.ai
[ 2025 DAILYLAW 192432 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192432 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33390 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-opposite party. 2. The present bail application under Section 483 B.N.S.S. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.113 of 2025, under Sections 3(5), 111(6), 310 (2), 317 (3) B.N.S. and 12/14 D.A.A. Act, Police Station Kotwali Konch, District Jalaun during the pendency of trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Ranu Kushwaha, Rajvir Goswami and Ramendra Singh Pal who were arrested in Case Crime No. 0124 of 2025, P.S. Kotwali Konch, District Jalaun. The said statements insofar as they implicate the applicant are unreliable. False recovery of 'singhasan' of white metal has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered article cannot be connected with the present offence. The applicant is not a member of any organized crime syndicate nor he acted on behalf of such syndicate. Co- accused Ranu Kushwaha has been granted bail by this Court vide order dated 07.10.2025 passed in Criminal Misc. Bail Application No. 32771 of 2025, Ranu Kushwaha v. State of U.P. The criminal history of the applicant has been explained in Paragraph- 18 of the affidavit. The applicant is in jail since 10.07.2025 and in case he is enlarged on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Kamal Singh Counsel for Opposite Party(s) : G.A. Sundaram Gurjar Alias Chaudhary Alias Akshay Pratap Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report and the name of the applicant was disclosed by co- accused Ranu Kushwaha, Rajvir Goswami and Ramendra Singh Pal in the police custody. There is no independent witness to the alleged recovery. Co- accused Ranu Kushwaha has been granted bail by this Court.
The applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sundaram Gurjar @ Chaudhary @ Akshay Pratap Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 10, 2025 SKT/- BAIL No. 33390 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad