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2025 DAILYLAW 2664 (ALL)

SURAJ KUMAR v. STATE OF U.P.

BAIL/37510/2025 · 2026-05-14

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37510 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Rajesh Kumar Yadav, learned counsel for the applicant, and Shri B.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.427 of 2025, under Sections 123, 309(4), 61(2) of B.N.S. and Section 66-D of I.T. Act, registered at Police Station Mughalsarai, District Chandauli, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused Akash Kumar Gupta, Chandraprakash and Akash Sonkar have already been granted regular bail as well as anticipatory bail by this Court vide orders dated 27.04.2026, 29.04.2026 and 04.12.2025 passed in Criminal Misc. Bail Application Nos.8326 of 2025, 32847 of 2025 and 35243 of 2025. It is further submitted that as per first information report, the applicant is said to have administered some obnoxious substance to the son of the first informant and thereafter they snatched away his mobile phone and Rs.90,000/- is said to have been withdrawn through cyber fraud. It is further submitted that the applicant is languishing in jail since 30.08.2025, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in Versus Counsel for Applicant(s) : Rajeev Pushkar, Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Suraj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. Co-accused Akash Kumar Gupta, Chandraprakash and Akash Sonkar have already been granted regular bail as well as anticipatory bail by this Court vide orders dated 27.04.2026, 29.04.2026 and 04.12.2025 passed in Criminal Misc. Bail Application Nos.8326 of 2025, 32847 of 2025 and 35243 of 2025. As per first information report, the applicant is said to have administered some obnoxious substance to the son of the first informant and thereafter they snatched away his mobile phone and Rs.90,000/- is said to have been withdrawn through cyber fraud. It is further submitted that the applicant is languishing in jail since 30.08.2025. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let the applicant- Suraj Kumar involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses BAIL No. 37510 of 2025 2 are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 15, 2026 RKM BAIL No. 37510 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad