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2025 DAILYLAW 3557 (ALL)

SURYANAND DWIVEDI ALIAS CHHOTU v. STATE OF U.P.

BAIL/561/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40434 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 561 of 2025 Applicant :- Suryanand Dwivedi Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Singh,Sunil Kumar Singh,Varun Shukla,Yateesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Suryanand Dwivedi @ Chhotu, seeking enlargement on bail in Case Crime No. 385 of 2024, under Sections 109, 46 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sarai Akil, District Kaushambi. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to enmity with informant and is languishing in jail since 07.11.2024. He 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 01.11.2024 has been lodged by the informant against two named accused persons including the applicant with allegation that due to money transaction between the applicant and informant, applicant has assaulted the informant with Bam. As per injury report, no fatal injury received to the injured. Applicant has not committed any offence as alleged by the informant. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Suryanand Dwivedi @ Chhotu, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 19.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad