Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 19750 (ALL)

CHANDAN @ SUMIT @ SATYAVEER v. STATE OF U.P.

BAIL/7193/2025 · 2025-04-29

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68555 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7193 of 2025 Applicant :- Chandan @ Sumit @ Satyaveer Opposite Party :- State of U.P. Counsel for Applicant :- Manava Nand Chaurasiya,Shitala Prasad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Manava Nand Chaurasiya, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Chandan @ Sumit @ Satyaveer, seeking enlargement on bail in Case Crime No. 590 of 2024, under Sections 318, 336, 338, 109 of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 of the Arms Act, Police Station- Kotwali Lalitpur, District- Lalitpur. 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 12.07.2024. Learned counsel for the applicant submits that it is a case of police firing, but no specific role has been assigned to the applicant. Nothing incriminating has been recovered from possession of the applicant and recovery of country made pistol etc. from possession of the applicant is totally false and fabricated. He has criminal antecedent of three cases and the same are duly explained in para 24 of the bail application 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 AGA has vehemently opposed the prayer for bail. 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, Chandan @ Sumit @ Satyaveer, 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. Order Date :- 30.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad